John Whitfield v. Charles Scully, Former Supt. Gail Haponik C.O. Tornabene C.O. C. Mitchell John and Jane Does

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that § 1915 provides a “uniform ceiling [of 20 percent] in a compromise between the imperative to collect fees . . . and the right of prisoners to effective access to the courts[,]” even where plaintiff owes fees in multiple cases
• noting that there is a “simply remedy” for appellate printing costs that had been imposed by the Second Circuit, following its summary order of affirmance and mandate “silent as to costs”: under Fed. R. App. 39(d)(3) the costs may be added to the mandate
• affh’ming an award costs to the defendant in a Section 1983 case, and stating that “such an award against the losing party is the normal rule obtaining in civil litigation, not an exception.”
• within court’s discretion to deny costs because of misconduct of prevailing party, public importance of case, difficulty of issues, and limited financial resources of losing party
• “[Bjecause Rule 54(d) allows costs ‘as of course,’ such an award against the losing party is the normal rule obtaining in civil litigation, not an exception.”
• “”good faith and the absence of frivolous claims, by themselves, do not require a district court to deny costs”

Source: CourtListener parenthetical corpus (CC0).