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KINCAID v. VAIL

No. 90-3510.

969 F.2d 594 (1992)

Darrell KINCAID and Donald R. Sceifers, Plaintiffs-Appellants, v. Kendall I. VAIL, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1992.

Attorney(s) appearing for the Case

Roslyn C. Lieb, Chicago Lawyers' Committee, James C. Schroeder (argued), Mayer, Brown & Platt, Chicago, for plaintiffs-appellants.

Shaw R. Friedman (argued), Bokland, Yandt & Friedman, LaPorte, Ind., for defendant-appellee.

Before BAUER, Chief Judge, and CUMMINGS and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

When Darrell Kincaid and Donald Sceifers, inmates at the Indiana State Prison in Michigan City, attempted to file a civil suit against Superintendent Jack R. Duckworth in the LaPorte Superior Court, the court clerks refused their filings, first on the ground that the fee they sent was not the required amount, and then on the ground that the suit belonged in the small claims court. Mr. Kincaid and Mr. Sceifers subsequently brought an action in...

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