(DOWNLOAD) "Singleton v. Smith" by United States Court of Appeals Tenth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Singleton v. Smith
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 02, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Following a negative jury verdict in his civil trial, costs were imposed against appellant Singleton pursuant to the Prisoner Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915(f). Singleton appeals an order that denied him relief from costs of $3857.35, arguing that imposition of the costs was a misapplication of the PLRA and interpretive case law. In the alternative, he argues that such an application would be an unconstitutional burden on his access to the courts. In the second alternative, he claims that use of this provision of the PLRA would be impermissibly retroactive, as his case was filed prior to the effective date of the statute. Singleton seeks to have the judgment of costs reversed on grounds of legal error or the unconstitutionality of the relevant provisions of the PLRA. Alternatively, if his retroactivity claim succeeds, he seeks a remand for assessment of possible relief based on indigency in accordance with now-superseded procedures outlined in Weaver v. Toombs, 948 F.2d 1004, 1014 (6th Cir. 1991). We find Singletons retroactivity claim to have merit and remand for further proceedings.