Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion requesting witness fees under 28 U.S.C. § 1821 based on the Supreme Court’s decision in Demarest v. Manspeaker, 498 U.S. 184 (1991).
The court denied the motion. In response to the Demarest decision, Congress passed the Incarcerated Witness Fees Act of 1991. The Act prohibits the payment of fees or allowances to “any witness who is incarcerated at the time that his or her testimony is given,” the court held. See: Powers v. Jaimet, 2008 U.S. Dist. Lexis 37296.
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
Powers v. Jaimet
|Cite||2008 U.S. Dist. Lexis 37296|