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June 15, 2015

SCOTUS grants cert on a federal prisoner (re)litigation case

The Supreme Court started the week by granting review in two cases, one of which concerns prisoner rights and restrictions.  The case is Bruce v. Samuels, and this SCOTUSblog page provides this account of the question presented:

Whether, when a prisoner files more than one case or appeal in the federal courts in forma pauperis, the Prison Litigation Reform Act, 28 U.S.C. § 1915(b)(2), caps the monthly exaction of filing fees at 20% of the prisoner's monthly income regardless of the number of cases or appeals for which he owes filing fees.

June 15, 2015 at 10:09 AM | Permalink


RBG (with Kagan) had an opinion concurring in denial of cert. of SLP interest.

Posted by: Joe | Jun 15, 2015 10:58:43 AM

This seems to be a narrow procedural subject. Is there a wider policy consideration that I am missing to make it worth the time of the Court?

Posted by: Supremacy Claus | Jun 15, 2015 11:23:10 AM

More on that Ginsburg concurrence:


Posted by: Joe | Jun 16, 2015 1:24:32 PM

Okay, I've been reading the circuit court opinion and while I do think this guy is a nutter I also have serious concerns about the court's insistence that imminent danger is to be assessed looking only at the situation as of the time of filing, or that even the government moving the inmate somewhere else (potentially responding to a legitimate complaint?) does not moot that inquiry. I simply fail to see how later developments cannot shed light on whether danger actually was present.

Posted by: Soronel Haetir | Jun 16, 2015 6:15:55 PM

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