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Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
Article • June 15, 1996 • from PLN June, 1996
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Article • April 15, 1996 • from PLN April, 1996
Fourth Circuit Rules on IFP Statute, Again by In the July, 1995, issue of PLN we reported Nasim v. Warden, Maryland House of Correction, 42 F.3d 1472 (4th Cir. 1995) in which the fourth circuit court of appeals reversed a district court's dismissal of a prisoners' § 1983 suit as …
Article • February 15, 1996 • from PLN February, 1996
Partial Filing Fee Allowed by The ninth circuit explicitly reaffirmed prior rulings which permit the district courts to collect a partial filing fee from prisoner litigants. Two California state prisoners sought to file § 1983 lawsuits in federal court. Both requested permission to proceed in forma pauperis, without paying the …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Iowa Crime Legislation by Michael Brant The 1995 Iowa legislature passed a new wave of bills that affect many Iowa prisoners and ex-prisoners. Among these new laws are: The refusal of the county treasurer to renew vehicle registrations if the person has unpaid delinquent restitution; the inmate hard labor law …
Article • August 15, 1995 • from PLN August, 1995
IFP Dismissal Reversed by District courts reviewing a plaintiff's petition to proceed in forma pauperis (IFP) must first review the complaints and decide whether they are legally or factually frivolous before they can demand partial payment of the filing fees. Bonnie McCaslin, a Nebraska state prisoner, filed nineteen lawsuits simultaneously …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Article • May 15, 1994 • from PLN May, 1994
Hearing Required Before Denial of IFP by Khalid Alexander is a Nevada state prisoner. He tried to file suit and requested in forma pauperis status in order to proceed without paying the normally required filing fees. The Nevada district court has a policy of requiring prisoners to pay a partial …
Article • April 15, 1994 • from PLN April, 1994
Court Cannot Dismiss Suit When Partial Filing Fee Paid by Robert Butler is a Nevada state prisoner. He filed suit under § 1983 alleging his defense attorney and trial judge at his state court trial had conspired together in order to deny him a fair trial. The district court granted …
Article • May 15, 1993 • from PLN May, 1993
Organizations Not "Persons" for IFP Status by The Men's Advisory Council is a group of elected representatives of prisoners at a prison in California. When the prison discontinued the practice of providing free tobacco to indigent inmates the Council filed a civil rights complaint in federal court. They sought leave …
Article • April 15, 1993 • from PLN April, 1993
Change in IFP Status Does Not Require Fee Payment by Michael Murphy is a Missouri state prisoner who filed suit claiming his religious rights had been infringed by prison officials. At the time he filed suit he earned $30 a month at his prison job and had $53 in his …
Article • April 15, 1993 • from PLN April, 1993
Confiscation of Law Books States Claim by Tyrone Chavers is a Wisconsin state prisoner. He filed suit under § 1983 after prison officials confiscated his lawbooks. This case is the district court's ruling on Chavers' In Forma Pauperis (IFP) request. The defendants had not yet been served in the case. …
Article • March 15, 1993 • from PLN March, 1993
Court Cannot Dismiss Suit if Partial Filing Fee Paid by Autry Clark is an Ohio state prisoner. He filed suit against Ocean Brand Tuna claiming he bought cans of cat food from the prison commissary that had been re-labelled as tuna fit for human consumption. Clark became ill after eating …
Article • August 15, 1992 • from PLN August, 1992
High Court to Decide if Convict Group is "Person" for IFP Status by High Court To Decide If Convict Group Is "Person" For IFP Status A prisoners' association, elected by the general prison population, filed a federal civil rights suit under 42 U.S.C. § 1983 against prison authorities, alleging violations …
Article • August 15, 1991 • from PLN August, 1991
The United States Supreme Court: Petition for Writ of Certiori by Wm Daniel Ravenscroft The United States Supreme Court: Petition For Writ of Certioriari by Wm. Daniel Ravenscroft, Atty. At Law Overview: The United States Supreme Court is the highest court in this country. It is also the final forum …
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