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Article • May 1, 2024 • from PLN May, 2024
Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA by Matthew Clarke by Matt Clarke On October 11, 2023, the U.S. Court of Appeals for the Ninth Circuit determined it was illegal to collect court filing fees from a prisoner denied indigent status to proceed …
Article • September 1, 2020 • from PLN September, 2020
Supreme Court Affirms Lower-Court Dismissal of Colorado Prisoner In Forma Pauperis Actions by Derek Gilna by Derek Gilna The Prisoner Litigation Reform Act (PLRA) of 1995 barred prisoners from filing a new lawsuit “in forma pauperis (IFP),” or without payment of a filing fee, if the prisoner had previously had …
Article • September 28, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Brief • November 20, 2017
Woodson v. McCollum, OK, Opinion, Plaintiff Obligation to Pay Filing Fees, 2017 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 FOR THE TENTH CIRCUIT _________________________________ Elisabeth A. Shumaker Clerk of Court MARCUS D. WOODSON, Plaintiff - Appellant, v. No. 17-6064 TRACY …
Article • August 30, 2017 • from PLN September, 2017
Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit by The Indiana Court of Appeals reversed the dismissal of an indigent prisoner’s lawsuit for failing to pay the filing fee within 30 days, when he had complied with state law by paying within 45 days. Indiana prisoners are required to …
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh …
Brief • February 8, 2017
Sutton v. City of Yonkers, NY, Legal Aid Society Amicus Curiae Brief, Legal Fees, 2017 Criminal Defense Practice 199 Water Street New York, NY 10038 T (212) 577-3530 F (212) 509-8433 www.legal-aid.org February 8, 2017 Blaine (Fin) V. Fogg President Seymour W. James, Jr. Attorney-in-Chief VIA HAND DELIVERY Justine M. …
Report Finds Criminal Justice System Financially Overburdens Prisoners and Their Families by Christopher Zoukis The Ella Baker Center for Human Rights, a nonprofit focused on racial and economic policy, in conjunction with Forward Together and a dozen other community and civil rights organizations recently released a study which surveyed hardships …
Article • August 5, 2016
PLRA Requires each Prisoner Plaintiff to Pay Full Filing Fee by The Seventh Circuit Court of Appeals affirmed a Wisconsin District Court’s order that held each prisoner proceeding in forma pauperis (IFP) must pay the full $150 filing fee. This action was filed by four prisoners at Wisconsin’s top-security prison, …
Article • November 18, 2015
California Prisoner Barred From Proceeding in Forma Pauperis by California Prisoner Barred From Proceeding in Forma Pauperis The United States Court of Appeals for the Eastern District of California dismissed, on December 26, 2013, plaintiff Eric Charles Rodney Knapp’s appeal of the district court’s grant of summary judgment in favor …
Article • November 6, 2015
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …
Brief • November 4, 2015
Filed under: Filing Fees (PLRA)
Bruce v, Samuels, DC, Supreme Court - SPLC, NACDL, HRDC Amici Curiae Brief, PLRA Filing Fees, 2015 No. 14-844 In The Supreme Court of the United States ____________________________ ANTOINE BRUCE, Petitioner, v. CHARLES E. SAMUELS, JR., ET AL., Respondents. _____________________________ On Writ of Certiorari to the United States Court of …
Filing • August 18, 2015
Filed under: Filing Fees (PLRA)
Bruce v. Samuels, HRDC amicus brief, USSC, PLRA fees, 2015 No. 14-844 In The Supreme Court of the United States ____________________________ ANTOINE BRUCE, Petitioner, v. CHARLES E. SAMUELS, JR., ET AL., Respondents. _____________________________ On Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit …
An Expanding Strike Zone (Coleman-Bey PLRA Report), Alliance for Justice, 2015 An Expanding Strike Zone: Coleman-Bey and the Future of Civil Protections for Prison Inmates For years, Alliance for Justice has warned of the conservative-led campaign to restrict access to justice.1 From forced arbitration, to restricting medical malpractice claims, to …
How Prisoners' Rights Lawyers are Preserving the Role of the Courts Margo Schlanger 2014 How Prisoners’ Rights Lawyers Are Preserving the Role of the Courts by Margo Schlanger DRAFT: August 11, 2014 This article canvasses prisoners’ lawyers strategies prompted by the 1996 Prison Litigation Reform Act. The strategies not only …
Article • July 9, 2014 • from PLN July, 2014
Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim The Seventh Circuit Court of Appeals has held that a prisoner seeking collateral relief cannot avoid paying appellate filing fees. Following a murder conviction, Indiana prisoner …
Trends in Prison Litigation and the PLRA Margo Schlanger U.C. Irvine L. Rev. 2014 Schlanger, Trends in Prisoner Litigation, DRAFT October 2, 2014, page 1 of 23 Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger* Forthcoming, U.C. IRVINE L. REV. (2015) The Prison Litigation Reform Act …
Premature Appeal Not Frivolous Under PLRA by The Second Circuit Court of Appeals has held the Prison Litigation Reform Act’s (PLRA’s) “three strikes” provision does not encompass a dismissal for filing a premature notice of appeal. New York prisoner Injah E. Tafari brought a civil rights action in September 2000, …
Article • April 15, 2013
Filed under: PLRA, Filing Fees (PLRA)
No More Than 20 Percent Can Be Deducted To Pay Filing Fees by Brandon Sample The provision of the Prison Litigation Reform Act (PLRA) authorizing monthly deductions from a prisoner’s account to satisfy the filing fee in a civil case does not permit prison officials to deduct more than 20 …
Article • November 15, 2011
Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis by The Tenth Circuit Court of Appeals ruled that Michael Lee Strope, also known as Gordon Eugene Strope, a prisoner in the state of Kansas, is barred from filing any further civil action informal pauperis (IFN). Before the court were …
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