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Statutory Interpretation – Prison Litigation Reform Act of 1995

By: Derek Hawkins//January 18, 2016//

Statutory Interpretation – Prison Litigation Reform Act of 1995

By: Derek Hawkins//January 18, 2016//

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US Supreme Court

Case Name: Bruce v. Samuels

Case No.: 14-844

Practice Area: Statutory Interpretation – Prison Litigation Reform Act of 1995

Section 1915(b)(2) calls for simultaneous, not sequential, recoupment of multiple monthly installment payments.

“Responding to Bruce’s observation that, for a prisoner with more than five charges, even the per-case approach resorts to sequential payments, the Government agrees, but tells us that this scenario arises infrequently. “[M]ost prisoners,” the Government states, “would accrue three strikes (and therefore be required to pay the full filing fees upfront) by the time they incurred the obligation for their sixth case.” Brief for Respondents 29. Finally, answering Bruce’s concern that the per-case approach could leave a prisoner without money for amenities, the Government points out that prisons “are constitutionally bound to provide inmates with adequate food, clothing, shelter, and medical care,” id., at 48 (citing Farmer v. Brennan, 511 U. S. 825, 832 (1994)), and must furnish “‘paper and pen to draft legal documents’ and ‘stamps to mail them,’” Brief for Respondents 48 (quoting Bounds v. Smith, 430 U. S. 817, 824, 825 (1977)). Moreover, the Government notes, the Federal Bureau of Prisons (BOP) “goes beyond those requirements,” providing inmates “articles necessary for maintaining personal hygiene,” and free postage “not only for legal mailings but also to enable the inmate to maintain community ties.” Brief for Respondents 48, n. 21 (internal quotation marks omitted).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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