Ronald Weaver Leo McKaye Morris Martin v. Raymond Toombs Robert Brown, Jr. Donald Mason Robert Mulvaney Ted Strassburg

The majority perceives no constitutional problem to the imposition of costs against non-frivolous appeals brought by indigent prisoners. In my view, however, the re-coupment of costs from these indigent inmates is not rationally related to the achievement of any valid government purpose. Thus, I would find that, as applied to this case, the imposition of costs violates the plaintiffs’ equal protection rights. I respectfully dissent.

The plaintiffs filed their complaint because prison officials intercepted and confiscated legal materials mailed by two of the plaintiffs to the third plaintiff.…