· 8/27/1987
Robert Lumbert v. Illinois Department of Corrections
Citations
- 827 F.2d 257
- 1987 U.S. App. LEXIS 11572
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that filing fees serve an important purpose within the judicial system
- contending that application of the rule to prisoners is justified because \the costs of a prisoner's time are ... low[er]\ compared to other indigents
- affirming dismissal for failure to submit filing fee when the record demonstrated that the prisoner-plaintiff chose to “use his money for other purposes”
- upholding Central District’s partial-payment plan instituted for prisoners proceeding in forma pauperis; decided before Prison Litigation Reform Act was enacted on April 26, 1996, which requires partial payments in prisoner cases, see 28 U.S.C. § 1915(b)(2)
- “[I]t is not true that 23 placing any cost on the filing of litigation violates the Constitution. Otherwise all filing 24 fees would be unconstitutional, which of course they are not.”
- “If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled to honor.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Pell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.