Case Citator › Adepegba v. Hammons

Adepegba v. Hammons

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Fifth Circuit
Citation
103 F.3d 383
Decided
Confirmed treatments
2
Flagged citations read
234 of 234
Citing cases (total)
2,288
Treatment dates
2002–2026
Abrogated
A reviewed court treats this case as abrogated by later authority. Adepegba v. Hammons is abrogated in part. All 234 flagged citations have been read.
More on how this was screened

In Meeks v. Ray, the Fifth Circuit held that Coleman v. Tollefson displaced Adepegba's rule that a dismissal does not count as a strike under the Prison Litigation Reform Act until the prisoner has exhausted or waived appeals. The two confirmed treatments are listed below; Adepegba's other holdings are unaffected.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

2,288 later cases cite Adepegba v. Hammons; 234 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Adepegba v. Hammons?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Fifth Circuit recognized that Coleman displaced Adepegba's rule delaying a prisoner's strike until appellate review ended.

    Meeks v. Ray · Fifth Circuit · filed

    Coleman plainly overrules our court’s prior holding that “[a] dismissal should not count against a petitioner until he has exhausted or waived his appeals.” Adepegba v. Hammons, 103 F.3d 383, 387–88 (5th Cir. 1996). We welcome the opportunity to align the law of our circuit with the plain text of the PLRA.
    Read the full opinion on CourtListener →

Declined to follow

  • The Seventh Circuit rejected Adepegba's rule permitting a prisoner to appeal a third dismissal without paying the appellate filing fee.

    Robinson v. Powell · Seventh Circuit · filed

    Two of our sister circuits, however, have refused to apply the statute literally, on the ground that to do that in a case such as this would prevent the prisoner (if he couldn’t pay the fees required of litigants who are not permitted to proceed in forma pauperis) from obtaining appellate review of the correctness of the ruling by the district court that resulted in his getting his third strike. Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.1996); Jennings v. Natrona County Detention Center Medical Facility, 175 F.3d 775, 779-80 (10th Cir.1999). The concern expressed by those courts is legitimate, but it does not require twisting the statute and allowing a fourth strike. ... This procedure is in conformity with the statute; that of our two sister circuits is not and has the anomalous result of allowing a prisoner to file, without payment, a frivolous appeal from his third strike.
    Read the full opinion on CourtListener →

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