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Complaint Can't Be Dismissed if Partial Filing Fee Paid

Loaded on Oct. 15, 1996 published in Prison Legal News October, 1996, page 23
Filed under: Civil Procedure, Frivolous Litigation, Complaints, Filing Fees, Service. Location: New York.
The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state prisoner filed suit claiming a district attorney had committed perjury …

 

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  2. Prisoners May Be Allowed to Lead Religious Services
  3. From the Editor, by Dan Pens
  4. The "Honorable Men" Defense, by Mumia Abu-Jamal
  5. Plaintiff Entitled to Respond to Qualified Immunity Defense
  6. Alleged Work Refusal Requires Trial
  7. Unrest in South American Prisons
  8. Less than Lethal Force Liability
  9. Smoke and Mirrors
  10. A Matter of Fact
  11. Correction
  12. Cause of Action Accrues on Disciplinary Reversal
  13. Prisoner Testimony Must Be Considered in Spears Hearing
  14. Texas Parole Rules on Litigants and Victim Statements Enjoined
  15. Extending Release Date Violates Eighth Amendment
  16. Attorney Fees Awarded for Opposing Motion to Vacate
  17. Attica: Looking Back 25 Years, by Jaan Laaman
  18. Jail Guards File Suit
  19. Fifth Circuit Applies New Standard to Detainee Claims
  20. MCC Settlement Upheld
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  22. Pepper Spray Madness, by Lynn Wilson
  23. Pepper Spray Unsafe?
  24. Indigents Entitled to Full Credit for Pretrial Detention
  25. De Novo Review Required of Magistrate's Report
  26. Texas Shaving Rule Declared Illegal
  27. Parolee's Jail Rights Discussed
  28. Missouri Haircut Rule Upheld under RFRA
  29. No Right to Assistance in Family Law
  30. Retaliation for Grievance Committee Participation Requires Trial
  31. PI Granted in Haircut Claim
  32. Court Responsible for Jury Demand
  33. Complaint Can't Be Dismissed if Partial Filing Fee Paid
  34. No FLSA Protection for Work Release Prisoners
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  36. News in Brief
  37. Court Okays Disclosure of AIDS Status

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