Richard A. Kalinowski v. Mike Bond & Jennifer Wilson, 358 F.3d 978 (7th Cir. 2004). · Go Syfert
Richard A. Kalinowski v. Mike Bond & Jennifer Wilson, 358 F.3d 978 (7th Cir. 2004). Cases Citing This Book View Copy Cite
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82 citation events (82 in the last 25 years) across 18 distinct courts.
Strongest positive: Davis v. Harper (ilsd, 2024-03-13)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Davis v. Harper
S.D. Ill. · 2024 · quote attribution · 1 verbatim quote · confidence high
pretrial detainees are 'prisoners' for purposes of the plra because they are in custody while 'accused of . . . violations of criminal law
discussed Cited as authority (verbatim quote) Sevegny v. Coyne-Fague
D.R.I. · 2021 · quote attribution · 1 verbatim quote · confidence high
pretrial detainees are prisoners for purposes of the plra because they are in custody while accused of . . . violations of criminal law.
discussed Cited as authority (verbatim quote) Rashad Williams v. Delaware County Board of Priso
3rd Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
pretrial detainees are 'prisoners' for purposes of the plra because they are in custody while 'accused of . . . violations of criminal law'.
discussed Cited as authority (verbatim quote) Fadeel Shuhaiber v. Illinois Department of Correct
7th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ... three-strikes rule appl to pris- oners only.
discussed Cited as authority (verbatim quote) Fadeel Shuhaiber v. Illinois Department of Correct
7th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ... three-strikes rule appl to pris- oners only.
discussed Cited as authority (verbatim quote) Fadeel Shuhaiber v. Illinois Department of Correct
7th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ... three-strikes rule appl to pris- oners only.
discussed Cited as authority (verbatim quote) Dillon v. Wolf
S.D. Ill. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
pretrial detainees are prisoners for purposes of the plra because they are in custody while accused of ... violations of criminal law.
discussed Cited as authority (verbatim quote) Sergentakis v. Channell
D. Mass. · 2017 · quote attribution · 1 verbatim quote · confidence high
pretrial detainees are 'prisoners' for purposes of the plra because they are in custody while 'accused of ... violations of criminal law
discussed Cited as authority (rule) Ryan Christopher Cheatham v. Andrew Dedeke, ET AL.
D. Kan. · 2026 · confidence medium
This applies to pretrial detainees like Cheatham because the definition of a prisoner includes “any person . . . detained in any facility who is accused of . . . violations of criminal law . . . .” 42 U.S.C. § 1997e(h); accord Carbajal v. McCann, 808 F. App’x 620 , 639 (10th Cir. 2020); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004); see also Kingsley v. Hendrickson, 576 U.S. 389, 402 (2015) (“[W]e note that the Prison Litigation Reform Act . . . applies to both pretrial detainees and convicted prisoners.”).
discussed Cited as authority (rule) Clark v. Aerni
D. Neb. · 2024 · confidence medium
Wis. Dec. 7, 2021) (plaintiff confined to mental health institute for restoration of competency in connection with a pending state criminal case is a prisoner under the PLRA) (citing Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (“a person charged with a felony, 1 This Court has been afforded access to the computerized record keeping system for the Nebraska state courts.
cited Cited as authority (rule) Welch v. Rehmann
C.D. Ill. · 2024 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004).
discussed Cited as authority (rule) Mason v. Allen
C.D. Ill. · 2023 · confidence medium
EXHAUSTION STANDARD The PLRA prohibits prisoners from filing lawsuits pursuant to § 1983 “until such administrative remedies as are available are exhausted.” § 1997e(a); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (pretrial detainees are “prisoners” for purposes of the PLRA).
discussed Cited as authority (rule) Webster v. Williams
C.D. Ill. · 2023 · confidence medium
EXHAUSTION STANDARD The Prison Litigation Reform Act (“PLRA”) prohibits prisoners from filing lawsuits pursuant to § 1983 “until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (pretrial detainees are “prisoners” for purposes of the PLRA).
discussed Cited as authority (rule) Rusk v. Smith
C.D. Ill. · 2023 · confidence medium
EXHAUSTION STANDARD The PLRA prohibits prisoners from filing lawsuits pursuant to § 1983 “until such administrative remedies as are available are exhausted.” § 1997e(a); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (pretrial detainees are “prisoners” for purposes of the PLRA).
cited Cited as authority (rule) Adamczyk v. IDOC
S.D. Ill. · 2023 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004). to purchase the same items at the same price as convicted prisoners.
discussed Cited as authority (rule) McGowan v. Treasure Coast Forensic Treatment Center
S.D. Fla. · 2023 · confidence medium
Fla. Nov. 2, 2021), adopted, 2021 WL 6125712 (finding that a pretrial detainee who was found incompetent to proceed in his state criminal case, and was involuntarily committed at the North Florida Evaluation and Treatment Center, was a “prisoner” under the PLRA); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (holding that the term “prisoner” in section 1915A covers “a pretrial detainee . . . whose criminal proceedings are held in abeyance during treatment for mental illness.”).
discussed Cited as authority (rule) Gilliland v. Eddlemon
C.D. Ill. · 2023 · confidence medium
EXHAUSTION STANDARD The PLRA prohibits prisoners from filing lawsuits pursuant to § 1983 “until such administrative remedies as are available are exhausted.” § 1997e(a); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (pretrial detainees are “prisoners” for purposes of the PLRA).
discussed Cited as authority (rule) Cooper v. Short
E.D. Mo. · 2023 · confidence medium
See Banks v. Hornak, 698 F. App’x 731, 735-36 (4th Cir. 2017) (finding plaintiff in custody on pending criminal charges a “prisoner” within the meaning of § 1915); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (“Pretrial detainees are ‘prisoners’ for purposes of the [Prison Litigation Reform Act] because they are in custody while ‘accused of ... violations of criminal law,’” as defined in 28 U.S.C. § 1915 (h)).
discussed Cited as authority (rule) Hutton v. Jeffreys
S.D. Ill. · 2023 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004). 2 The filing fee for a civil case has increased to $402.00, by the addition of a $52.00 administrative fee for filing a civil action, suit, or proceeding in a district court.
discussed Cited as authority (rule) Chavez v. Hesler (2×) also: Cited "see"
E.D. Wis. · 2022 · confidence medium
See Hughes v. Farris, 809 F.3d 330, 335 (7th Cir. 2015) (noting that the Seventh Circuit “previously noted in dicta that it is possible that the three- strikes provision [in §1915(g) of the PLRA] does not apply to persons in Hughes’s position (sexually violent detainees no longer serving a criminal sentence) because they are not prisoners as defined in § 1915(h)”); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (declining “to consider whether a person whose criminal conviction has expired, and is held thereafter as sexually dangerous, also is a ‘prisoner’” under §1915(h…
cited Cited as authority (rule) Adamczyk v. IDOC
S.D. Ill. · 2022 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004). statement of the claim showing that the pleader is entitled to relief,” Fed.
discussed Cited as authority (rule) Blair v. Hamilton County Justice's Center
S.D. Ohio · 2022 · confidence medium
Bond, 358 F.3d 978, 979 (7th Cir. 2004) (citing Perkins v. Hedricks, 340 F.3d 582 (8th Cir. 2003) (acknowledging cases that find that a person held on civil commitment is not a prisoner, but noting that “person[s] charged with a felony, whose criminal proceedings are held in abeyance during treatment for mental illness” under the Illinois Sexually Dangerous Persons Act, are prisoners).
discussed Cited as authority (rule) RODRIGUEZ v. ATLANTIC COUNTY JUSTICE FACILITY
D.N.J. · 2022 · confidence medium
Bd. of Prison Inspectors, 844 F. App'x 469 , 474 (3d Cir. 2021) (citing 28 U.S.C. § 1915 (h); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004)). 2013) (ECF Nos. 2 and 3) (dismissing case with prejudice based on immunity and failure to state a claim); Rodriguez v. Sandson et al.,[Docket No. 13-7056 (RMB)] (D.N.J.
cited Cited as authority (rule) RODRIGUEZ v. ATLANTIC COUNTY JUSTICE FACILITY
D.N.J. · 2021 · confidence medium
Bd. of Prison Inspectors, 844 F. App'x 469 , 474 (3d Cir. 2021) (citing 28 U.S.C. § 1915 (h); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004)).
cited Cited as authority (rule) Adamczyk v. States Attorney
S.D. Ill. · 2021 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004).
discussed Cited as authority (rule) Lois Yankah v. DuPage County, Illinois
7th Cir. · 2020 · confidence medium
In any event, Yankah has not argued that a sua sponte dismissal was improper. 2 If Yankah was not a prisoner, however, this was a nullity. “[T]he exhaustion and three-strikes rules apply to prisoners only.” Kalinowski v. Bond, 358 F.3d 978, 978 (7th Cir. 2004).
discussed Cited as authority (rule) Lois Yankah v. DuPage County, Illinois
7th Cir. · 2020 · confidence medium
In any event, Yankah has not argued that a sua sponte dismissal was improper. 2 If Yankah was not a prisoner, however, this was a nullity. “[T]he exhaustion and three-strikes rules apply to prisoners only.” Kalinowski v. Bond, 358 F.3d 978, 978 (7th Cir. 2004).
cited Cited as authority (rule) Adamczyk v. States Attorney
S.D. Ill. · 2020 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004).
discussed Cited as authority (rule) Neas v. Koehler
E.D. Wis. · 2020 · confidence medium
July 28, 2020) (citing Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004)) (concluding that plaintiff, a pretrial detainee at a mental health facility when he filed his § 1983 suit, was a “prisoner” under the PLRA and subject to its exhaustion requirement).
cited Cited as authority (rule) Day v. Jeffreys
S.D. Ill. · 2020 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004).
cited Cited as authority (rule) Bonner v. Stover
S.D. Ill. · 2020 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004).
cited Cited as authority (rule) Davis v. Chester Mental Health Center
S.D. Ill. · 2020 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004).
discussed Cited as authority (rule) Adamczyk v. Sullivan
N.D. Ill. · 2020 · signal: cf. · confidence medium
Cf. Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (noting that a person may be held as sexually dangerous even after their criminal conviction has expired). dangerous person, see 725 Ill.
cited Cited as authority (rule) Bonner v. Stover
S.D. Ill. · 2019 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004).
discussed Cited as authority (rule) Lewis v. Dart
N.D. Ill. · 2018 · confidence medium
Pretrial detainees are considered prisoners for purposes of the Prison Litigation Reform Act because they are in custody while “accused of … violations of criminal law.” Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (quoting 28 U.S.C. § 1915 (h)).
discussed Cited as authority (rule) Frederick Banks v. Mark Hornak
4th Cir. · 2017 · confidence medium
Thus, Petitioner falls squarely within Section 1915(h)’s definition of a “prisoner.” See Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (“Pretrial detainees are ‘prisoners’ for purposes of the PLRA because they are in custody while ‘accused of ... violations of criminal law.’” (quoting 28 U.S.C. § 1915 (h))).
discussed Cited as authority (rule) Richard Smego v. Joseph Hankins
7th Cir. · 2017 · confidence medium
And, regardless, if exhaustion is necessary for Rushville detainees, see Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004), that requirement would be excused if a prisoner is prevented from using a facility’s grievance system, Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir. 2015).
discussed Cited as authority (rule) Smego v. Hankins
7th Cir. · 2017 · confidence medium
And, regardless, if exhaustion is necessary for Rushville detainees, see Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004), that requirement would be excused if a prisoner is prevented from using a facility’s grievance system, Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir. 2015).
discussed Cited as authority (rule) Michael Hughes v. Michael Farris
7th Cir. · 2015 · confidence medium
Kali‐ nowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004) (collecting cases where other circuits have held similarly); see also Merryfield v. Jordan, 584 F.3d 923, 927 (10th Cir. 2009); Michau v. Charleston Cnty., 434 F.3d 725 , 727–28 (4th Cir. 2006).
discussed Cited as authority (rule) Hughes v. Farris
7th Cir. · 2015 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir.2004) (collecting cases where other circuits have held similarly); see also Merryfield v. Jordan, 584 F.3d 923, 927 (10th Cir.2009); Michau v. Charleston Cnty., 434 F.3d 725 , 727-28 (4th Cir.2006).
discussed Cited as authority (rule) Johnny Gibson v. William Pollard
7th Cir. · 2015 · confidence medium
Now he must prepay all filing fees for his future civil litigation unless he demonstrates at the time of the suit’s commencement that he “is under imminent danger of serious physical injury.” See 28 U.S.C. § 1915 (g); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir.2004).
cited Cited as authority (rule) Johnny Gibson v. John Paquin
7th Cir. · 2015 · confidence medium
See 28 U.S.C. § 1915 (g); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir.2004).
cited Cited as authority (rule) Lawrence Lingle v. Alfreda Kibby
7th Cir. · 2013 · confidence medium
See Sain v. Wood, 512 F.3d 886, 893 (7th Cir. 2008); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir. 2004).
cited Cited as authority (rule) Lingle v. Kibby
7th Cir. · 2013 · confidence medium
See Sain v. Wood, 512 F.3d 886, 893 (7th Cir.2008); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir.2004).
discussed Cited as authority (rule) Gibson v. City Municipality of New York (2×) also: Cited "see"
2d Cir. · 2012 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978 (7th Cir.2004) ("Three strikes and you’re out, under the Prison Litigation Reform Act as well as the rules of baseball....”).
discussed Cited as authority (rule) Robinson v. Sherrod
7th Cir. · 2011 · confidence medium
The district court explained all this yet Robinson still appealed, and his obduracy marks the appeal as frivolous and gives him his third strike under the Prison Litigation Reform Act. 28 U.S.C. § 1915 (g); Kalinowski v. Bond, 358 F.3d 978, 979 (7th Cir.2004).
cited Cited as authority (rule) Ring, John D. v. Knecht, James A.
7th Cir. · 2005 · confidence medium
Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir.2004).
discussed Cited as authority (rule) Parker v. Chester Mental Health Center
7th Cir. · 2004 · confidence medium
Failure to exhaust is an affirmative defense, Massey v. Helman, 196 F.3d 727, 735 (7th Cir.1999), and although a district court may invoke the defense sua sponte when lack of exhaustion is conceded or otherwise obvious from the face of the complaint, Kalinowski v. Bond, 358 F.3d 978, 978 (7th Cir.2004); Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir.2002), this was not such a situation.
Retrieving the full opinion text from the archive…
Richard A. KALINOWSKI, Plaintiff-Appellant,
v.
Mike BOND and Jennifer Wilson, Defendants-Appellees
02-3273.
Court of Appeals for the Seventh Circuit.
Feb 19, 2004.
358 F.3d 978
Richard A. Kalinowski (submitted), Ina, IL, pro se.
Easterbrook, Manton, Evans.
Cited by 72 opinions  |  Published
2 passages pin-cited by 5 cases
Pinpoint authority: #22,692 of 633,719
Citer courts: Seventh Circuit (3)
EASTERBROOK, Circuit Judge.

Richard Kalinowski, who is confined at Big Muddy River Correctional Center under the Illinois Sexually Dangerous Persons Act, 725 ILCS 205/1.01 to 12, filed this suit against persons who he asserts deprived him of adequate access to the prison’s law library. He wants $6 million in damages plus an injunction compelling the prison to furnish six hours of library access 365 days per year. The district court dismissed the complaint on multiple grounds, including failure to exhaust administrative remedies. See 42 U.S.C. § 1997e(a). Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ administrative remedies is conceded, so invocation of what ordinarily would be an affirmative defense was within the judge’s authority. See Walker v. Thompson, 288 F.3d 1005 (7th Cir.2002). The judge added that the complaint also came within 28 U.S.C. § 1915(g). Three suits or appeals that meet this definition require a prisoner to prepay all filing fees for most future civil suits. See Lewis v. Sullivan, 279 F.3d 526 (7th Cir.2002). Three strikes and you’re out, under the Prison Litigation Reform Act as well as the rules of baseball, and this complaint was Kalinowski’s third strike. The district court’s approach supposes that Kalinowski is a “prisoner,” for the exhaustion and three-strikes rules apply to prisoners only. District judges disagree about whether persons detained as sexually dangerous are “prisoners,” and we have not addressed that issue until today.

Kalinowski contends that he is a “civil [sic] committed person” and thus not a “prisoner” subject to the Prison Litigation Reform Act. The word is a defined term: “As used in this section, the term ‘prisoner’ means any person incarcerated or de[*979] tained in any facility who is. accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h). Identical definitions appear in 28 U.S.C. § 1915A(c) and 42 U.S.C. § 1997e(h). This language speaks directly to persons held under the Illinois Sexually Dangerous Persons Act. As we explained in Allison v. Snyder, 332 F.3d 1076 (7th Cir.2003), everyone covered by this, statute is a pretrial detainee: a person charged with a felony, whose criminal proceedings are held in abeyance during treatment for mental illness. See also, e.g., Allen v. Illinois, 478 U.S. 364, 370 n. 5, 106 S.Ct. 2988, 92 L.Ed.2d 296 (1986); People v. Trainor, 196 Ill.2d 318, 324-29, 256 Ill.Dec. 813, 752 N.E.2d 1055, 1059-62 (2001). Pretrial detainees are “prisoners” for purposes of the PLRA because they are in custody while “accused of ... violations of criminal law”.

It is unnecessary to consider whether a person whose criminal conviction ha§ expired, and is held thereafter as sexually dangerous, also is a “prisoner.” Such a person has been “sentenced for” a crime, but the justification for ongoing custody is future dangerousness rather than (solely) past criminality. See Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed,2d 856 (2002). Applying the PLRA’s definition to such detainees may be difficult. See Page v. Torrey, 201 F.3d 1136, 1139-40 (9th Cir.2000) (post-expiration detainee is no longer a “prisoner”). Cf. Perkins v. Hedricks, 340 F.3d 582 (8th Cir.2003) (person held on pure civil commitment is not a “prisoner”); Troville v. Venz, 303 F.3d 1256, 1259-60 (11th Cir.2002) (same); Kolocotronis v. Reddy, 247 F.3d 726, 728 (8th Cir.2001) (person held on civil commitment following verdict of not guilty by reason of insanity is not a “prisoner”). For a person held on unresolved criminal charges, however, there is no difficulty at all. Kalinow-ski and others like him are “prisoners.” So this suit was rightly dismissed for lack of exhaustion, and the appeal following a frivolous complaint is yet another “strike.” See Newlin v. Helman, 123 F.3d 429, 433 (7th Cir.1997). (Lack of exhaustion was not the complaint’s only failing; the district judge deemed it frivolous on the merits, and nothing in the appellate brief calls this into question.) Kalinowski must prepay all -filing fees for his future civil litigation unless he demonstrates at the time of the suit’s commencement that he “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

AFFIRMED.