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Civil Procedure — prisoner litigation — bonds

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2012//

Civil Procedure — prisoner litigation — bonds

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2012//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — prisoner litigation — bonds

Where the district court required an indigent prisoner to post a $1,000 bond in order to proceed on a civil rights action, without evaluating the merits of the claims, the dismissal for failure to pay must be reversed.

“The parties here agree that Gay is indigent and could not post a $1,000 bond. The bond requirement thus did nothing to ensure that the defendants would recoup their costs if they prevailed. All it ensured was the end of Gay’s suit. The bond requirement therefore was an abuse of discretion, as was the dismissal order for failure to pay.”

Reversed and Remanded.

11-2523 Gay v. Chandra

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Per Curiam.

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