Legal Opinion · Concurring in part, dissenting in part
Payne v. Commonwealth Department of Corrections
Commonwealth Court of Pennsylvania
Decided December 5, 2002Published
1Concurring in part, dissenting in part
CONCURRING AND DISSENTING OPINION BY
Judge PELLEGRINI.
While I agree with the majority as to Counts I, II and IV, I disagree with the majority’s conclusion as to one portion of Count III, specifically, that John M. Payne, Paul Nolder, Frank Grazulis, Charles Lee, Richard Guy and all others similarly situated (Petitioners) are entitled to judgment as a matter of law as to their allegations regarding Sections 6602(a) through (c) of the Judicial Code, 42 Pa.C.S. §§ 6602(a) — (c),1 requiring that prisoners *931pay filing fees when they have money to pay those fees.
In Section 111(A) of its opinion, the…
2Cases cited11 opinions
- Denton v. HernandezSupreme Court of the United States · 1992
- Jerardo Rodriguez v. David Cook, Director, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1999
- Nicholas v. TuckerCourt of Appeals for the Second Circuit · 1997
- Alphonso Singleton v. Lee Edward Smith and Eric RossCourt of Appeals for the Sixth Circuit · 2001
- Brandon v. Corrections Corp. of AmericaAlaska Supreme Court · 2001
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