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2018 Georgia Code 42-12-1 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-1. Short title.

This chapter shall be known and may be cited as the "Prison Litigation Reform Act of 1996."

(Code 1981, §42-12-1, enacted by Ga. L. 1996, p. 400, § 1.)

Law reviews.

- For review of 1996 prison litigation reform legislation, see 13 Ga. U. L. Rev. 280 (1996).

JUDICIAL DECISIONS

Previously dismissed federal lawsuits not counted under three strikes provision.

- Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).

Blanket declaration forbidden.

- Constitution forbids courts to abridge inmates' rights to have meaningful access to and communications with the courts, and a blanket declaration that all filings would be "null and void by operation of law" was impermissible. Hooper v. Harris, 236 Ga. App. 651, 512 S.E.2d 312 (1999).

Failure to conduct hearing on prisoner's pauper's affidavit error.

- Trial court erred by failing to conduct a hearing on a prisoner's claim of indigence as the plain language of O.C.G.A. § 9-15-2(b) required a hearing before the court could order costs to be paid and there was nothing in the statute that allowed the court, on the court's own, to inquire into the truth of a pauper's affidavit to order the payment of court costs without a hearing. Lee v. Batchelor, 345 Ga. App. 559, 814 S.E.2d 416 (2018).

Cited in In the Interest of B.A.S., 254 Ga. App. 430, 563 S.E.2d 141 (2002); Heard v. Ashcroft, F. Supp. 2d (S.D. Ga. June 6, 2003); Owens v. Hill, 295 Ga. 302, 758 S.E.2d 794 (2014).

RESEARCH REFERENCES

ALR.

- Attorney's fees awards under § 803(d) of Prison Litigation Reform Act (42 U.S.C.A § 1997e(d)), 165 A.L.R. Fed. 551.

Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.

Cases Citing Georgia Code 42-12-1 From Courtlistener.com

Total Results: 8

Murphy v. Murphy

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Snippet: the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et 4 seq

Murphy v. Murphy

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Citation: 295 Ga. 376, 761 S.E.2d 53, 2014 WL 2925140, 2014 Ga. LEXIS 533

Snippet: the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq., specifically OCGA § 42-12-8, which requires

OWENS Et Al. v. HILL

Court: Supreme Court of Georgia | Date Filed: 2014-05-19

Citation: 295 Ga. 302, 758 S.E.2d 794, 42 Media L. Rep. (BNA) 1863, 2014 Fulton County D. Rep. 1343, 2014 WL 2025129, 2014 Ga. LEXIS 400

Snippet: 856-857 (1) (548 SE2d 283) (2001) (applying OCGA § 42-12-1 et seq.). This Court has previously addressed

Griffin v. Keller

Court: Supreme Court of Georgia | Date Filed: 2005-01-24

Citation: 278 Ga. 878, 608 S.E.2d 221, 2005 Fulton County D. Rep. 216, 2005 Ga. LEXIS 39

Snippet: under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq. Thus, Griffin had to pursue discretionary

Harris v. State

Court: Supreme Court of Georgia | Date Filed: 2004-11-22

Citation: 278 Ga. 805, 606 S.E.2d 248, 2004 Fulton County D. Rep. 3771, 2004 Ga. LEXIS 1027

Snippet: under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq. Smith v. Nichols at 551 (1). Thus, Harris

Smith v. Nichols

Court: Supreme Court of Georgia | Date Filed: 1999-02-22

Citation: 512 S.E.2d 279, 270 Ga. 550, 99 Fulton County D. Rep. 745, 1999 Ga. LEXIS 167

Snippet: under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq. (PLRA), mandates that appellant seek discretionary

Day v. Stokes

Court: Supreme Court of Georgia | Date Filed: 1997-10-14

Citation: 268 Ga. 494, 491 S.E.2d 365, 97 Fulton County D. Rep. 3754, 1997 Ga. LEXIS 649

Snippet: The Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq., has an effective date of April 2,1996

Jones v. Townsend

Court: Supreme Court of Georgia | Date Filed: 1997-02-03

Citation: 480 S.E.2d 24, 267 Ga. 489, 97 Fulton County D. Rep. 354, 1997 Ga. LEXIS 34

Snippet: the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Expressing concern about the rising cost