×
You have 2 more free articles available this month. Subscribe today.
Fee Award Against Frivolous Prisoner Litigant Reduced
The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The court notes that the plaintiff generated a flood of pleadings and constantly changed his allegations, and that many of his allegations were factually meritless. It concedes that it may have weighed his prior litigation history too heavily. It notes that the amount of this award might discourage prisoners with meritorious claims from bringing them, and that the likelihood of ever receiving payment is so low that imposing such an award is "folly." Therefore the court reduces the award to $900. See: McGlothlin v. Murray, 54 F.Supp.2d 629 (W.D.Va. 1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
McGlothlin v. Murray
| Year | 1999 |
|---|---|
| Cite | 54 F.Supp.2d 629 (W.D.Va. 1999) |
| Level | District Court |
| Injunction Status | N/A |