WHITFIELD v. SCULLY

Docket No. 98-2933.

241 F.3d 264 (2001)

John WHITFIELD, Plaintiff-Appellant, v. Charles SCULLY, Former Supt.; Gail Haponik; C.O. Tornabene; C.O. C. Mitchell; John and Jane Does, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided February 27, 2001.


Attorney(s) appearing for the Case

Charles D. Cole, Jr., New York, New York (Newman Fitch Altheim Myers, P.C., New York, New York, of counsel), for Plaintiff-Appellant.

John Whitfield, Ossining, New York, filed a brief as pro se Plaintiff-Appellant.

Susan B. Eisner, Law Apprentice, New York, New York (Robert A. Forte, Deputy Solicitor General, Michael S. Belohlavek, Assistant Solicitor General, Eliot Spitzer, Attorney General of the State of New York, New York, New York, of counsel), for Defendants-Appellees.

Before: CARDAMONE, CABRANES, Circuit Judges, and KEENAN, District Judge.


CARDAMONE, Circuit Judge:

The subject matter of this appeal involves the payment by appellant, who is incarcerated, of $3.10 out of his weekly income of $7.75 to defray the costs of unsuccessful litigation against prison officials arising from a prison altercation with a fellow inmate. Despite the small amount of money involved, the appeal presents important issues for us to resolve. Congress, in recent amendments to the in forma pauperis statute, aimed to...

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