CONSTITUTIONAL LAW - POVERTY - IN FORMA PAUPERIS - THERE IS NO DENIAL OF THE CONSTITUTIONAL RIGHT OF ACCESS TO THE COURTS WHERE COSTS ARE ADJUDGED AGAINST AN INDIGENT PRISONER, ... DUHART V CARLSON (10TH CIRCUIT 1972).

• NCJ Number: 17736
• Journal: University of Cincinnati Law Review Volume: 42 Issue: 2 Dated: (1973) Pages: 350-358
• Author(s): G W MARTIN
• Date Published: 1973
• Length: 9 pages
• Corporate Author: University of Cincinnati Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

UNDER SECTION 1915(E) OF THE FEDERAL IN FORMA PAUPERIS STATUTE, JUDGEMENT MAY BE RENDERED FOR COSTS AT THE CONCLUSION OF THE SUIT OR ACTION AS IN OTHER CASES.

Abstract

THIS CASE COMMENT REVIEWS THE FACTS OF THE CASE (WHICH INVOLVED FIRST AMENDMENT CLAIMS BROUGHT BY INDIGENT PRISONERS) LEADING UP TO THE DUHART DECISION. THE AUTHOR ARGUES THAT SECTION 1915(E) IS UNCONSTITUTIONAL ON ITS FACE IN THAT ITS MERE EXISTENCE IS A BARRIER TO THE UNHAMPERED EXERCISE OF THE FUNDAMENTAL RIGHT OF ACCESS TO THE COURTS, SINCE IT HAS A DETERRENT EFFECT ON THE EXERCISE OF THIS RIGHT. HE CITES SEVERAL STATE AND UNITED STATES SUPREME COURT DECISIONS TO SUPPORT HIS ARGUMENT.