Banks v. County of Allegheny

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the Eighth Amendment applied to the plaintiff’s Section 1983 claims arising out of events occurring in a county jail because the plaintiff had already been convicted and was serving a sentence imposed in another criminal case prior to the events at issue
• “Repetitious litigation of virtually identical causes of action may be dismissed under § 1915 as frivolous or malicious.” (citation omitted)
• “Repetitious litigation of virtually identical causes of action may be dismissed under § 1915 as frivolous or malicious.” (citation omitted)
• the court may sua sponte rest its dismissal upon a ground not raised in a motion to dismiss under the screening provisions of the PLRA
• the court may sua sponte rest its dismissal upon a ground not raised in a motion to dismiss pursuant to the screening provisions of the PLRA
• “[I]f there is a ground for dismissal which was not relied upon by a defendant in a motion to dismiss, the court may nonetheless sua sponte rest its dismissal upon such ground pursuant to the screening provisions of the PLRA.”

Source: CourtListener parenthetical corpus (CC0).