LYON v. KROL

Nos. 96-3752, 96-3754.

127 F.3d 763 (1997)

Everett R. LYON, Plaintiff-Appellee, v. Del Vande KROL; Paul Hedgepeth; James Helling; Rabbi Jacobson; Chavbad Lubavitch IA, Defendants-Appellants, United States of America, Intervenor Defendant. Everett R. LYON, Plaintiff-Appellee, v. Del Vande KROL; Paul Hedgepeth; James Helling; Rabbi Jacobson; Chavbad Lubavitch IA, Defendants, United States of America, Intervenor Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 17, 1997.


Attorney(s) appearing for the Case

William A. Hill, Assistant Attorney General, Des Moines, IA, argued (Thomas J. Miller, on the brief), for appellants in 96-3752.

Robert M. Loeb, Washington, DC, argued (Frank W. Hunger, Don C. Nickerson, and Barbara L. Herwig, on the brief), for appellants in 96-3754.

Patrick E. Ingram, Iowa City, IA, argued, for appellee.

Before MURPHY and HEANEY, Circuit Judges, and ROSENBAUM, District Judge.


MURPHY, Circuit Judge.

The district court dismissed the 42 U.S.C. § 1983 action of Everett R. Lyon, an Iowa prisoner, for failure to pay the filing fee required by § 804(d) of the Prisoner Litigation Reform Act (PLRA), Pub.L. No. 104-134, 110 Stat. 1321, §§ 801-810 (Apr. 26, 1996) (to be codified at 28 U.S.C. § 1915(g)), but on reconsideration it concluded that the section is unconstitutional and reinstated the action with leave for Lyon to...

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