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Article • May 15, 2007
MA DOC Refuses to Process Civil Rights Grievances by The practice of what is grievable is shown to diverge from the written policy. At 77-78: From the proceedings that transpired below on remand, it appears that the Massachusetts Department of Corrections had no grievance procedure available for complaints of the …
Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007
Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) by Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) The U.S. Sixth Circuit Court of Appeals held that a state prisoner filing a civil rights complaint that is subsequently dismissed under the "three-strikes provision" of 28 U.S.C. § …
Article • May 15, 2007
Under "Compelling Circumstances" Government Must Issue Subpoenas for Free by Under "Compelling Circumstances" Government Must Issue Subpoenas for Free The Eighth Circuit Court of Appeals, sitting en banc, held that the United States may be compelled to pay fees and expenses of witnesses subpoenaed by indigent civil litigants in cases …
Article • May 15, 2007
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
Article • May 15, 2007
Second Circuit Grants Plaintiff IFP Status by The U.S. Second Circuit Court of Appeals held that a pro se plaintiff seeking to file civil rights actions should have been permitted to proceed in forma pauperis. Carl Potnick sought to file two pro se civil rights actions in district court and …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Article • June 15, 2006 • from PLN June, 2006
Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners by As of April 10, 2006, the fee for filing civil complaints in U.S. District Courts, or having state cases removed to federal court, increased from $250 to $350. Note that this increase applies to lawsuits and …
Brief • September 28, 2005
Filed under: Appeals, Filing Fees
Rodriguez v. DOC Secretary, FL, Motion, Transcript on Appeal, 2005
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • November 15, 2003 • from PLN November, 2003
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee by Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fees The Oklahoma Supreme Court upheld a trial court order directing an indigent prisoner to pay partial filing fees from future prison labor earnings. Eugene Smith, an Oklahoma prisoner, petitioned …
Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners by A federal court in Wisconsin held that the Wisconsin Department of Corrections (WDOC) lacks the authority to divert the funds of an out-of-state prisoner into a release account, or to cause the receiving state to do so. In 1998, Wisconsin prisoner …
Article • May 15, 2003 • from PLN May, 2003
Texas Pro Se Litigant Entitled to Notice of Hearing by Texas Pro Se Litigant Entitled to Notice of Hearing A Texas court of appeals has held that a pro se litigant who files an affidavit of indigence, when seeking to appeal an adverse ruling in a civil case in forma …
Article • July 15, 2002 • from PLN July, 2002
Alaska Filing Fee Statute Upheld by The supreme court of Alaska held that a state statute requiring prisoners to pay the filing fees in civil cases is constitutional, but that a superior court erred when it dismissed the plaintiff's case before the time limit it had imposed for the payment …
Article • May 15, 2002 • from PLN May, 2002
Failure to Timely Pay Filing Fee Dismissal Reversed by The Court of Appeals for the Seventh circuit held that a district court erred when it dismissed a prisoner's suit for failure to pay the filing fee in a timely manner. Bernard Beyer, a Wisconsin prisoner held in a private prison …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Article • February 15, 2002 • from PLN February, 2002
Oregon Court of Appeals Vacates IFP Decisions by The Oregon Court of Appeals held that a trial court abused its discretion in denying a prisoner's motion to proceed in forma pauperis . In a separate opinion, the Court held that a trial judge should have ruled on a motion to …
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