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Second Circuit Affirms IFP Provisions
Loaded on Sept. 15, 1997
published in Prison Legal News
September, 1997, page 6
The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already upheld the PLRA's In Forma Pauperis …
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More from this issue:
- U.S. Supreme Court: No Immunity for Private Prisons, by Paul Wright
- ADA Applies to State Prisons
- Pro Se Tips and Tactics (Consent Decrees), by John Midgley
- Second Circuit Affirms IFP Provisions
- Sixth Circuit Explains PLRA Again
- PLRA Applies to Juveniles, Retroactive on Attorney Fees
- PLRA Forbids Dismissal of Suits Without Paid Fees
- Gun Law Threatens Police, Military, Prisons
- A Matter of Fact
- BOP Mutiny Convictions Affirmed
- Vacant Judgeships Cripple Federal Judiciary, by Dan Pens
- DC Women Prisoners' Suit Reversed
- Alabama Phone System Upheld
- Pepper Spray too Dangerous for DOC Training?
- Former Mississippi Guards Lose Sentencing Appeal
- Disciplinary Segregation Can Create Liberty Interest
- New York Jail Overcrowding Unconstitutional
- Prisoners Held Beyond Release Date Sue
- Montana Paying for 1991 Prison Uprising
- Supreme Court Strikes Down RFRA as Unconstitutional
- Attorney Fee Award in Nominal Damage Case Affirmed
- Detainee Awarded $64,000 in Guard Attack
- Farmer Loses at Jury Trial
- Iowa Grievance Retaliation Suit Set for Trial
- Indiana ADA Verdict Affirmed
- Fact Finding of Segregation Conditions Required in Disciplinary Suit
- Failure to Remove Sutures States Claim
- Nebraska Women's Court Access Case Reversed
- Consent Decrees Enforceable on Its Own Terms
- Jail Assault Requires Trial
- Reliable Evidence Required at Disciplinary Hearing
- Court Reduces Jury Award in Beating Suit
- Sandin Analyzed for New York Prisoners
- News in Brief
- New Jersey Prisoners Have Liberty Interest in Parole
- No Right to TV or Radio
More from these topics:
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, Nov. 30, 2022. PLRA, Dismissal.
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, Nov. 30, 2022. PLRA, Dismissal.

