Mississippi Code
Miss. Code Ann. § 47-5-76 (2026)
Payment of court costs for inmate's civil action against Department employee pertaining to condition of confinement
✓ current as of July 2026
- (1) Except as provided in subsection (2) of this section, if an inmate plaintiff files a pauper's affidavit in a civil action and the defendant is an employee of the department and the civil action pertains to the inmate's condition of confinement, the department shall pay, out of any funds available for such purpose, all costs of court assessed against the inmate in the civil action. However, the department shall not pay the costs of court if the inmate has on three (3) or more prior occasions, while incarcerated, brought an action or appeal that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted.
An inmate shall not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
- (2) An inmate who proceeds in forma pauperis in a civil action shall pay twenty percent (20%) per month of the funds in his or her inmate account to the Department of Corrections until all filing fees and costs of his or her litigation are paid to the department. The department may withdraw such funds automatically from the account of any inmate permitted a civil filing as a pauper. If an inmate is allowed an appeal in forma pauperis of a civil action, the inmate shall reimburse all costs and fees to the department by automatic withdrawal each month in the amount of twenty percent (20%) of his or her funds until all state funds are reimbursed.
Laws, 1989, ch. 378, § 2; Laws, 1993, ch. 402, § 1; Laws, 1996, ch. 395, § 1; Laws, 1998, ch. 387, § 1; Laws, 2005, ch. 392, § 1, eff. 3/16/2005.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1994–2025 · leading case: Moreno v. State, 637 So. 2d 200 (Miss. 1994).
Moreno v. State, 637 So. 2d 200 (Miss. 1994). “Moreno argues that he is not required to pay the appeal costs because he contends Miss. Code Ann. § 47-5-76 (1993) requires the Mississippi Department of Corrections to pay such costs: Department of Corrections to pay court costs for inmate filing pauper's affidavit in civil…”
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-76(1) (Supp.2007). As of this opinion, Williams now has two cases resolved as contemplated by section 47-5-76(1).”
Bessent v. Clark, 974 So. 2d 928 (Miss. Ct. App. 2007). “Pursuant to Miss. Code Ann. § 47-5-76 (1) (Rev. 2004), under limited circumstances, the Mississippi Department of Corrections must pay court costs for an inmate who brings a civil action against a department employee.”
McLamb v. State, 974 So. 2d 935 (Miss. Ct. App. 2008). “Miss.Code Ann. § 47-5-76(1) (Supp.2007). McLamb stated that he filed "numerous post-conviction motions" on June 13, 1988.”
Demario Walker v. Bryan A. Bailey, 270 So. 3d 195 (Miss. Ct. App. 2018). “” Miss. Code Ann. § 47-5-76 (1). “[F]requent filers” like Walker “sometimes allege that they are in imminent danger so they can avoid paying a filing fee.”
Tubwell v. Anderson, 776 So. 2d 654 (Miss. 2000). “1994), this Court interpreted Miss. Code Ann. § 47-5-76 as requiring the Department of Corrections to pay for an indigent inmate's court costs in condition of confinement lawsuits only at the trial, rather than the appellate, level.”
Clay v. State, 168 So. 3d 987 (Miss. Ct. App. 2013). “Miss.Code Ann. § 47-5-76(1) (Rev.2011). ¶ 15.”
MacKenzie Willis v. Lt. Westley, Lt. Brooks & Warden Wendell Banks; (Miss. Ct. App. 2019). “Miss. Code Ann. § 47-5-76 (Supp. 1989). The statute was amended in 1993, restricting the payment of costs to those civil actions filed against a department employee that pertained to a condition of 7 confinement: If an inmate plaintiff files a pauper’s affidavit in a civil…”
Dudley Ross v. State of Mississippi; (Miss. Ct. App. 2019). “Miss. Code Ann. § 47-5-76 (Rev. 1993). ¶14.”
Demario Walker v. Mississippi State Parole Bd., MDOC Records Dep't, MDOC Sentence Computation Unit Supervisor, & the Mississippi Dep't of Corr. (Miss. Ct. App. 2025). “Subsection (1) of the statute states, in pertinent part, as follows: An inmate shall not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any…”
Kenny Johnson v. Ann Lee (Miss. 1996). “Miss. Code Ann. § 47-5-76 (1) (Supp. 1997).”
Michael Brown v. Othieal Clark (Miss. 1996). “State, that Miss. Code Ann. § 47-5-76 only allows an inmate plaintiff to proceed in forma pauperis to challenge his conditions of confinement at the trial level and not at the appellate level.”
— Miss. Code Ann. § 47-5-76(1) — 4 cases
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-76(1) (Supp.2007). As of this opinion, Williams now has two cases resolved as contemplated by section 47-5-76(1).”
McLamb v. State, 974 So. 2d 935 (Miss. Ct. App. 2008). “Miss.Code Ann. § 47-5-76(1) (Supp.2007). McLamb stated that he filed "numerous post-conviction motions" on June 13, 1988.”
Clay v. State, 168 So. 3d 987 (Miss. Ct. App. 2013). “Miss.Code Ann. § 47-5-76(1) (Rev.2011). ¶ 15.”
Demario Walker v. Bryan A. Bailey, 270 So. 3d 195 (Miss. Ct. App. 2018). “” Miss. Code Ann. § 47-5-76 (1). “[F]requent filers” like Walker “sometimes allege that they are in imminent danger so they can avoid paying a filing fee.”
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