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PLRA Indigency Provision Inapplicable When Filing Fee Paid
Loaded on Aug. 15, 2004
published in Prison Legal News
August, 2004, page 39
The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed two lawsuits: a civil rights case and a Racketeer ...
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More from this issue:
- The Complicity of Judges in Wrongful Convictions, by Hans Sherrer
- Washington Persistent Prison Misbehavior Statute Upheld
- Exporting the American Way of Crime
- Federal DNA Statute Not Challengeable in Criminal Appeal
- From the Editor, by Paul Wright
- Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs
- Habeas Hints, by Kent A. Russell
- Montana BMPs Are Cruel and Unusual Punishment, by Mark Wilson
- Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit
- Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions
- Local Officials Tell Prisoners: "You don't live here", by Peter Wagner
- CCA Medical Contract Doesn't Violate 8th Amendment
- No Qualified Immunity for Florida Jail Guards in Prisoner Murder
- New Jersey Civil Commitment Hearings Secret, Biased, by Michael Rigby
- Rape of Women Prisoners Rampant in Ohio, by Michael Rigby
- Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints
- Executions Rose in 2002; Texas Led in Number of Deaths
- California Prison Guards Organize to Sue Assaultive Prisoners
- No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints
- Florida's Felon Disenfranchisement Law Under Spotlight, by David Reutter
- California Guard's Obscene Behavior Towards Prisoner Is Actionable, by Marvin Mentor
- California No-Parole-Policy Suits For Damages And Injunctive Relief Fail, by John E Dannenberg
- Denial of Dentures States Eighth Amendment Claim
- Ohio Supreme Court Holds Some Sex Predators Not Required to Register
- Permanent Injunction Against California Book Ordering Restrictions Affirmed, by John E Dannenberg
- Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity, by Bob Williams
- Washington Court Establishes Procedures for Community Placement Violation Hearings
- Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion, by John E Dannenberg
- Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation
- Mailbox Rule Applied To Administrative Forfeiture Proceeding, by Bob Williams
- California Credit Restoration Denial Ruled Ex Post Facto, by John E Dannenberg
- Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment
- Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems, by Michael Rigby
- Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely
- 2004 Supplement to the California State Prisoners Handbook, by John E Dannenberg
- PLRA Indigency Provision Inapplicable When Filing Fee Paid
- No Qualified Immunity in Jail Suicide Attempt
- Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests
- Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity
- News in Brief
- Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge
More from these topics:
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath, May 1, 2024. RICO, Telephone Rates, Civil RICO, HRDC Litigation, Securus, Global Tel*Link Corp.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, Nov. 30, 2022. PLRA, Dismissal.
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, Nov. 30, 2022. PLRA, Dismissal.
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, April 1, 2022. PLRA, Dismissal.
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA, Dec. 1, 2021. PLRA, Sex Offender Classification.