PENAL INSTITUTIONS Prison Litigation Reform: Impose Court Costs on Prisoners Who File Lawsuits; Authorize Courts to Order Payment of Defendant's Attorney Fees Incurred in Defending Frivolous Lawsuits

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act requires prison superintendents to freeze the inmate account of prisoners who file lawsuits without sufficient funds to pay court fees for filing and service of the lawsuit. Subsequently, in order to pay those costs, the superintendent must forward to the court clerk future deposits made to the account. The Act specifies the required content of a prisoner's affidavit of in forma pauperis. The Act also authorizes the court to order the prisoner to pay the defendant's attorney's fees if the lawsuit is malicious or frivolous, or if the prisoner's in forma pauperis affidavit is fraudulent. The Act further authorizes the court to deduct from the prisoner's inmate account for any of the several litigation abuses specified by the Act.

Recommended Citation

Georgia State University Law Review, PENAL INSTITUTIONS Prison Litigation Reform: Impose Court Costs on Prisoners Who File Lawsuits; Authorize Courts to Order Payment of Defendant's Attorney Fees Incurred in Defending Frivolous Lawsuits, 13 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol13/iss1/57