Delaware Code Title 10 Sec. 8804 – Prisoners
(a) When the individual seeking permission to proceed in forma pauperis is a prisoner, the prisoner shall file a certified summary of the prisoner’s inmate account, together with the affidavit required pursuant to § 8802 of this title. The summary shall contain all account activity for the 6-month period immediately preceding the filing of the complaint, or for the entire time the prisoner has been incarcerated, whichever time is less.
Terms Used In Delaware Code Title 10 Sec. 8804
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: shall mean any civil action or miscellaneous action or any application for an extraordinary writ. See Delaware Code Title 10 Sec. 8801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal court: shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section. See Delaware Code Title 10 Sec. 8801
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Inmate account: shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State. See Delaware Code Title 10 Sec. 8801
- Malicious: shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims. See Delaware Code Title 10 Sec. 8801
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Prisoner: shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State. See Delaware Code Title 10 Sec. 8801
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) If a court determines that a prisoner may proceed in forma pauperis, the court shall issue an order directing that the complaint be filed setting forth the total amount to be paid and establishing a schedule for payment. The schedule shall be established as follows:
(1) The prisoner shall pay 20% of the average daily balance of the prisoner’s inmate account over the previous 6-month period or the entire time that prisoner has been incarcerated, whichever time is less.
(2) In each successive month, until the established court costs and filing fees are paid in full, the prisoner shall pay 10% of the average daily balance of the prisoner’s inmate account for the preceding month.
(c) Nothing in this section shall limit the court’s ability to demand a greater amount than would result from this calculation based upon the information provided in the affidavit.
(d) Nothing in this section shall prohibit a prisoner from paying more than the minimum due under the court’s calculation.
(e) To the extent that a prisoner refuses to pay fees and costs as ordered by the court, pursuant to this section, the court may order the Department to debit the prisoner’s inmate account in accordance with § 8903(13) of Title 29.
(f) In no event shall a prisoner file a complaint or appeal of a judgment arising from a complaint brought in forma pauperis if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or an appeal in a federal court or constitutional or statutory court of the State that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted unless the prisoner is under imminent danger of serious physical injury at the time that the complaint is filed. Complaints or appeals therefrom dismissed prior to the enactment of this section shall be counted for purposes of determining the number of previously dismissed proceedings. No petition for a writ of habeas corpus or any appeal from the denial of any such petition shall be dismissed under this subsection.
(g) A prisoner may not bring or file a complaint relating to a condition of confinement, whether proceeding in forma pauperis or otherwise, unless the prisoner has fully exhausted all administrative remedies available through the institutional grievance procedure. The fact that monetary damages or any other form of legal or equitable relief may not be available through the grievance procedure shall not excuse the inmate from exhausting the institutional grievance procedure prior to filing a complaint.
70 Del. Laws, c. 411, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 276, §§ ?4, 5;