Skip navigation

Search

101 results
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 ...
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 ...
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 ...
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 ...
Article • May 15, 2013
Connecticut Process Server Entitled to Copy Fee by The Connecticut Supreme Court has held that a process server is entitled to receive a fee for copies even where the server did not make the copies. The ruling came in a writ of error proceeding brought by State Marshal Lisa H. ...
Article • April 15, 2013
Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion by Matthew Clarke by Matt Clarke On November 29, 2011, the Tenth Circuit Court of Appeals vacated a district court's order denying the Rule 60(b) motion of a prisoner who had suffered serious medical complications and not timely received a court ...
Article • March 15, 2013
Filed under: Court Access, Filing Fees
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax by The Florida Supreme Court ruled that legislation that requires portions of civil action filing fees deposited into the state’s general revenue fund does not constitute an unconstitutional tax on litigants. It also found the statutes at issue do not ...
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule by The Fifth Circuit Court of Appeals has held that legal mail rejected by prison officials under a purported rule that does not exist is still entitled to the “mailbox rule.” Clifford Medley, a Texas state ...
Article • May 15, 2012
Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript by In a per curiam opinion, the Supreme Court of Arkansas denied a petitioner’s pro se motion for use of transcript of the appeal of his 1992 conviction for rape and subsequent life sentence. The court treated petitioner’s motion ...
Article • September 15, 2011
Filing Fee Lien Quashed in Florida Prisoner’s Gaintime Challenge by Florida’s First District Court of Appeals has, begrudgingly, reversed Leon County Circuit Court’s imposition of a filing fee lien in an action challenging the Florida Department of Corrections’ (FDOC) revocation of a prisoner’s gaintime. Prisoner Howard McGee filed a Mandamus ...
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda ...
Article • July 15, 2011
No Refund or Waiver of Appellate Filing Fee by Mark Wilson By Mark Wilson In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority ...
Article • May 15, 2011 • from PLN May, 2011
Study Highlights the Burden of Fees, Debt Collection on Criminal Defendants by Derek Gilna In an October 2010 report examining the fifteen states that have the highest prison populations, the Brennan Center for Justice found that the practices of imposing new “user fees” on criminal defendants, raising the amounts of ...
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s ...
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray ...
Article • April 15, 2011
Texas Court Must File Prisoner Suit if Unpaid Previous Indigent Case on Appeal by Matthew Clarke By Matt Clarke On November 26, 2008, a Texas court of appeals held that a state district court must file a prisoner's civil suit petition even if he had not paid for the court-ordered ...
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, ...
Article • September 15, 2010 • from PLN September, 2010
Court Rebuffs BOP for Third Time in PLN Records Suit by Brandon Sample The score is now PLN - 3, BOP - 0 in a protracted legal battle over the disclosure of records related to settlements and judgments paid by the federal Bureau of Prisons (BOP). In August 2003, PLN ...
Page 1 of 6. | 1 2 3 4 5 6 | Next »