Larry Harrison v. FNU Douglas, Counselor

── Larry Harrison v. FNU Douglas, Counselor ── Court: Court of Appeals for the Sixth Circuit Date: May 20, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0221n.06 No. 25-1897 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT May 20, 2026 KELLY L. STEPHENS, Clerk ) LARRY HARRISON, ) Plaintiff-Appellant, ) ON APPEAL FROM THE ) v. UNITED STATES DISTRICT ) COURT FOR THE WESTERN ) COUNSELOR DOUGLAS, DISTRICT OF MICHIGAN ) Defendant-Appellee. ) OPINION ) ) Before: KETHLEDGE, WHITE, and LARSEN, Circuit Judges. KETHLEDGE, Circuit Judge. Larry Harrison brought a First Amendment retaliation suit against a prison staff member, but did not pay the filing fee. The district court denied Harrison’s motion for leave to pay the fee in installments, finding that he had filed three prior lawsuits that had each been dismissed for failure to state a claim. We hold that two of those lawsuits were not dismissed for failure to state a claim, so we reverse. I. A. Under the Prison Litigation Reform Act, a prisoner who proceeds in forma pauperis need not pay the district court’s filing fee up front; instead, he may pay the fee in monthly installments. See 28 U.S.C. § 1915(a)-(b). But a prisoner generally cannot do that if he has accrued three “strikes” under section 1915(g). A prisoner accrues a strike when a lawsuit he files while No. 25-1897, Harrison v. Douglas incarcerated is “dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” Id. § 1915(g). The relevant text provides: In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. Id. B. Over 20 years ago, a Michigan jury convicted Larry Harrison of first-degree murder, armed robbery, and possessing a firearm during the commission of a felony. People v. Harrison, 2003 WL 21715882, at *1 (Mich. Ct. App. July 24, 2003). The court sentenced him to life imprisonment without parole. Id. Harrison has since filed (as relevant here) four lawsuits, including this one. In 2003, Harrison brought suit under 42 U.S.C. § 1983 against the City of Detroit and several police officers. See Harrison v. City of Detroit, No. 2:03-cv-73102, Op. & Order of Sum. Dismissal (E.D. Mich. Sept. 26, 2003). He argued that he had been unlawfully arrested and not promptly arraign