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Federal Prisoner Pays $150 filing Fee; Settles $303.10 Suit For $260

Illinois federal prisoner Marcus Millender brought a federal tort action against the United States in 2000 after prison personnel allowed the fraudulent use of his commissary card, placed him in segregation and transferred him to another prison. The suit settled for less than his alleged losses and he was court ordered to pay a $150 filing fee.

Millender was incarcerated at the Federal Correctional Institution (FCI) at Greenville, Illinois in 1999. On April 15 he reported his commissary card missing. On Wednesday, April 21, the card was used for three separate purchases totaling $303.10 although the card was restricted to Thursday usage only. His complaint allegedly landed him in segregation for months and a subsequent transfer out of FCI Greenville due to threats to his safety. Millender brought the action under the Federal Tort Claims Act requesting reimbursement of the $303.10 plus court costs and fees.

The U.S. District Court for the Southern District of Illinois approved a $260 settlement in 2002 and ordered Millender to pay the outstanding balance of the filing fee and litigation costs. See: Millender v. United States, USDC, S.D. Ill., Case No. 00 231 GPM (May 20, 2002).

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Related legal case

Millender v. United States

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