State Ex Rel. Harr v. Berge

ANDERSON, PJ.

¶ 1. Daniel Harr appeals from the decision of the trial court that he is not entitled to costs and fees even though he prevailed in vindicating a limited First Amendment right. We affirm, given that the statutory bar preventing prevailing prisoners from recovering costs and fees is supported by the rational basis that the public treasury is not available to finance lawsuits brought by prisoners.

¶ 2. Harr, while an inmate at the Supermax prison, successfully pursued a common law certiorari action to overturn a disciplinary reprimand imposed after prison authorities intercepted a…