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Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held on November 15, 2023, that a lower court erred in assuming that a group of Virginia prisoners proceeded in forma pauperis (IFP) when they …
Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee by David Reutter by David M. Reutter Giving a break to the prisoner who filed a civil rights suit she dismissed on July 8, 2022, Judge Anne R. Traum of the federal court …
Article • January 9, 2020 • from PLN January, 2020
Missouri County Votes to Eliminate Jail Fees, Wiping Out $3.4 Million in Debt for Former Prisoners by Douglas Ankney by Douglas Ankney In August 2019, a half-dozen 10-year-old jail fees were eliminated by the county council in St. Louis, Missouri, wiping out nearly $3.4 million in debt for unpaid fees …
Publication • June 1, 2019
Paid in Full- A Plan to End Money Injustice in New Orleans, Vera Institute of Justice, 2019 Paid in Full: A Plan to End Money Injustice in New Orleans Jon Wool, Alison Shih, and Melody Chang June 2019 The following organizations endorse this report and its recommendations: ADL South Central …
Article • April 2, 2019 • from PLN April, 2019
Colorado: $190,000 Settlement for Prisoners Ordered Released but Kept in Jail for Inability to Pay $55 Fee by Matthew Clarke by Matt Clarke  El Paso County, Colorado has agreed to settle a lawsuit brought by a woman who remained in jail for 27 days because she was unable to pay …
Publication • January 1, 2019
Privatizing Criminal Procedure, Washington and Lee Public Legal Studies, 2019 Washington & Lee Public Legal Studies Research Paper Series Accepted Paper No. 2018 - 07 April 2, 2018 107 Georgetown Law Journal ___ (forthcoming 2019) Privatizing Criminal Procedure John D. King Clinical Professor of Law, Director of Experiential Education, and …
Brief • November 16, 2018
Filed under: Settlements, Filing Fees
Humphrey v. Stored Value Cards, DBA Numi Financial, et al, OH, opinion and order, class certification, unfair debit card fees, 2018 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ---------------------------------------------------------------------AMBER HUMPHREY, on behalf of herself and the class, Plaintiff, vs. STORED VALUE CARDS, D/B/A NUMI FINANCIAL, et al. Defendants. ---------------------------------------------------------------------- …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Appeals, Filing Fees
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal by On July 6, 2017, the Oregon Court of Appeals upheld a lower court’s revocation of its filing fee waiver even though prior dismissals it had counted as strikes were still on appeal. Oregon courts may waive or defer a prisoner’s …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
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 • November 7, 2017 • from PLN November, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David M. Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs.  …
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 …
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 …
Brief • November 29, 2016
Lilly v. City of New York, NY, Rothman Declaration in Support of Attorney's Fees, 2016 Case 1:16-cv-00322-ER Document 27 Filed 11/29/16 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X KAYHEEM LILLY, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NYPD …
Article • August 25, 2016
Texas Criminal Court Fees Are a Secret Tax on the Poor by The Texas Legislature has erected such a mishmash of criminal court fees that even the- court administrators and clerks don't know how to apply them. These fees, which are frequently not used for their intended purposes amount to …
Brief • October 22, 2015
ACLU v. City of Colorado Springs, CO, Settlement and Release Agreement,2016 SETTLEMENT AGREEMENT AN]) RELEASE This Settlement Agreement and Release (the “Agreement”) is made by and among Shawn Hardman, Barry Crews, Danielle Zolna, and Justin Hamilton (collectively “Plaintiffs”), the American Civil Liberties Union Foundation of Colorado (“ACLU”), and the City …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Court Access, Filing Fees
Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson In December 6, 2013, the Alaska Supreme Court held that barring an indigent prisoner from filing an appeal due to inability to pay the filing fee deprived him …
Brief • March 18, 2014
Filed under: Settlements, Filing Fees
Richard v. Sedgwick County Board of County Commissioners, KS, et al, Settlement Agreement, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …
Article • March 15, 2014 • from PLN March, 2014
Texas Criminal Court Fees are a Tax on Poor Defendants by Matthew Clarke by Matt Clarke The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their …
Brief • September 25, 2013
Filed under: Costs, Filing Fees, False Arrest
Schwartz v. Bethel, NY, Order on Indigency Status, False Arrest, 2013 Case 1:13-cv-02209-FB-JMA Document 13 Filed 09/25/13 Page 1 of 3 PageID #: 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------x FRANKEL SCHWARTZ, MEMORANDUM AND ORDER Case No. CV-13-2209 (FB) (JMA) Plaintiff, -againstMARLON BETHEL, CITY OF NEW …
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