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Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee
by Douglas Ankney
On October 10, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion offering guidance to judges deciding whether to grant a prisoner’s motions to waive court filing fees and proceed in forma pauperis (IFP) on appeal.
Illinois prisoner Jordan Whitaker sought to waive ...
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More from this issue:
- Aramark: Prison Food for Thought
- Southern California Jail Guard Arrested With 104 Pounds of Fentanyl
- From the Editor, by Paul Wright
- Families of New Jersey Jail Suicide Victims Still Waiting for Settlement Payouts
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, by David Reutter
- These Men Fought White Supremacists and Got Sentenced to Over 200 Years, by Victoria Law
- Six Deaths in Just Over Six Months at Alabama Jail
- Federal Watchdog Slams BOP for Lapses in Epstein Death, Pushes Back Against Rumors It Wasn’t Suicide, by Douglas Ankney
- Alabama Woman Jailed for “Fetal Endangerment” Sues After She Was Forced to Give Birth Alone in Jail Shower
- Over 5,000 Prisoners Federally Sentenced Every Month, by Douglas Ankney
- $32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner
- Former Illinois Prisoner Pursuing PhD After 27 Years of Incarceration
- $7,500 Settlement Reached After Georgia Prisoner’s Retaliation Claim Survives Summary Judgment
- Autistic Detainee’s Death in Pittsburgh Jail Blamed on “Culture” That Left Him “Punished Instead of Treated”
- HIV and Incarcerated People: The Good, the Bad, and the Ugly, by Douglas Ankney
- $6,500 Paid to Illinois Prisoner After Denied Records Request
- Two West Virginia Jail Guards Plead Guilty in Detainee Death, Six More Charged
- $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing, by David Reutter
- Escaped Idaho Prisoner Recaptured, Three Accomplices Charged
- Class-Action Challenge to Medical Care at Tennessee Jail Results in $3.8 Million Settlement
- Prisoner-on-Prisoner Violence at California Prison Leaves One Dead, Another Stabbed
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, by David Reutter
- Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo
- Three Texas Prison Guards Among 13 Charged in Sprawling Smuggling Scheme
- Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths, by Matthew Clarke
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care
- Alabama Denied Summary Judgment in Prisoner’s Suit Over Knifepoint Rape, by Matthew Clarke
- Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, by Matthew Clarke
- Pennsylvania Jail Warden Fired, Deputy Warden Resigns After Guard Assaults Detainee
- Was There a Plot to Discredit Former Missouri Sheriff Investigating Corruption?, by Douglas Ankney
- The Graying of American Prisons
- Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth, by Douglas Ankney
- $10 Million Reimbursed for Vacated Washington Drug Possession Convictions, by David Reutter
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, by Matthew Clarke
- Migrants at New Mexico CoreCivic ICE Detention Center Forced to Clean Up Sewage with Bare Hands, by Douglas Ankney
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, by David Reutter
- Three-Year Sentence for One of Four BOP Employees Charged With Ignoring Fatally Ill Federal Prisoner in Virginia
- FTC Orders GTL/ViaPath to Help 650,000 Customers Whose Info Was Stolen, Posted on Dark Web, by Douglas Ankney
- “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee, by Edward Lyon
- Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste, by David Reutter
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim
- Pennsylvania Detainee Found Four Months After Jail Escape, Five Guards Fired
- HRDC Wins Summary Judgment in North Carolina Prison Censorship Case
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- Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence, by Douglas Ankney
- Massachusetts Makes Calls Free From Prisons and Jails
- Ohio Supreme Court Orders Records Produced for State Prisoner, by David Reutter
- $25.2 Million Settlement for Two Connecticut Prisoners Exonerated After 35 Years, by David Reutter
- Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee, by Douglas Ankney
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- BOP Rolls Out Veterans-Only Housing at Federal Prison in Texas
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, by David Reutter
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- $15,000 to Virginia Prisoner Mauled by DOC K-9, by Matthew Clarke
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- North Carolinian Left in Jail Awaiting Trial for 11 Years
- Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail, by David Reutter
- Fired Alabama Guard Reinstated Despite Excessive Force Used on Prisoner Who Died, by David Reutter
- News in Brief
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Massachusetts Appeals Court Revives Prisoners’ Challenge to DOC Trust Account Policy Change, Oct. 15, 2024. Trust Accounts.
- Fifth Circuit Calls Denial of Texas Prisoner’s In Forma Pauperis Request “Arbitrary or Erroneous”, Sept. 15, 2024. Erroneous Rejection of Challenge, In Forma Pauperis.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, Feb. 1, 2024. Private Prisons, Food/Commissary (Private Prisons), PRIDE, Aramark, Food, State Law Claims, Trust Accounts, Commissary.
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, Feb. 1, 2024. In Forma Pauperis, Three Strike Litigants, Pending Appeals.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Fifth Circuit Upholds Summary Dismissal of Texas Prisoner’s Challenge to Deduction of Medical Co-Pay From Account Receiving VA Payments, Oct. 4, 2020. Trust Accounts, Veterans.
- Deductions from Pennsylvania Prisoner’s Trust Account Require Notice, Nov. 6, 2018. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Arkansas Supreme Court finds reimbursement from a §1983 settlement improper, July 17, 2018. Settlements, Money/Property, Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Kansas DOC Raids Inmate Benefit Fund for $6.7 Million, March 6, 2018. Money/Property, Seizure of Prisoner Funds, Trust Accounts, Commissary.