October Term 2017 · Docket 16-1067
Can prisoners pay attorney fees from their own damages?
the sides that brought the case argue the statute caps fees at 25 percent of the award. the opposing sides claim the cap does not apply to prisoner plaintiffs.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Banner argued the statute specifies the prisoner's share. He stated prisoners must pay part of fees from damages. He emphasized the statutory text controls this calculation.
Mr. Legner argued Congress intended to replicate contingent fee arrangements. He stated the purpose was to ensure full compensation. He contended the cap does not limit prisoner liability.
Justice Roberts suggested the statute balances two obligations. He noted a cap exists alongside the duty to satisfy fees. He implied the balance is statutory, not judicial.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 11, lines 19-37 — Transcript, file page 11, lines 19-37
- Official Supreme Court Transcript — file page 12, lines 21-33 — Transcript, file page 12, lines 21-33
- Official Supreme Court Transcript — file page 12, lines 37-53 — Transcript, file page 12, lines 37-53
- Official Supreme Court Transcript — file page 13, lines 29-47 — Transcript, file page 13, lines 29-47
- Official Supreme Court Transcript — file page 15, lines 19-23 — Transcript, file page 15, lines 19-23
- Official Supreme Court Transcript — file page 15, lines 27-29 — Transcript, file page 15, lines 27-29
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
- Official Supreme Court Transcript — file page 6, lines 7-17 — Transcript, file page 6, lines 7-17
- Official Supreme Court Transcript — file page 7, lines 29-45 — Transcript, file page 7, lines 29-45
- Official Supreme Court Transcript — file page 8, lines 27-27 — Transcript, file page 8, lines 27-27
- Official Supreme Court Transcript — file page 8, lines 31-39 — Transcript, file page 8, lines 31-39
- Official Supreme Court Transcript — file page 8, lines 43-43 — Transcript, file page 8, lines 43-43
- Official Supreme Court Transcript — file page 9, lines 55-33 — Transcript, file page 9, lines 55-33
A citizen's guide to the whole case
What this case is about
This case tests the Prison Litigation Reform Act. It asks if prisoners must pay fees from their own damages. The statute sets a 25 percent cap on fees. the sides that brought the case say this cap limits their liability. the opposing sides argue the cap does not restrict prisoner payments. The Court must interpret this specific statutory provision.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
How the case got here
The Supreme Court heard oral argument in this case on December 6, 2017.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
What each side wants
the sides that brought the case want the Court to hold the cap applies. They seek to limit their fee liability to 25 percent of the award. This protects their financial recovery from excessive deductions.
the opposing sides want the Court to hold the cap does not apply. They seek to recover full fees from the prisoner. This ensures attorneys are fully compensated for their work.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
What each side says
the sides that brought the case argue the statute explicitly caps fees at 25 percent. They contend this language creates a clear limit on liability. This interpretation aligns with the text of the law.
the opposing sides argue the cap only limits fees taken from non-prisoners. They contend prisoners must pay full fees from their damages. This view prioritizes full compensation for legal services.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
What the justices asked
Justice Sotomayor asked if the statute mentions fault. She questioned the purpose of giving judges discretion. She noted the text does not speak to fault.
Justice Alito asked if a tiny crumb satisfies hunger. He suggested a minimal payment does not meet the need. He implied the cap might be insufficient for full compensation.
Official sources for this section
- Official Supreme Court Transcript — file page 11, lines 19-37 — Transcript, file page 11, lines 19-37
- Official Supreme Court Transcript — file page 12, lines 21-33 — Transcript, file page 12, lines 21-33
- Official Supreme Court Transcript — file page 12, lines 37-53 — Transcript, file page 12, lines 37-53
- Official Supreme Court Transcript — file page 13, lines 29-47 — Transcript, file page 13, lines 29-47
- Official Supreme Court Transcript — file page 15, lines 19-23 — Transcript, file page 15, lines 19-23
- Official Supreme Court Transcript — file page 15, lines 27-29 — Transcript, file page 15, lines 27-29
- Official Supreme Court Transcript — file page 6, lines 7-17 — Transcript, file page 6, lines 7-17
- Official Supreme Court Transcript — file page 7, lines 29-45 — Transcript, file page 7, lines 29-45
- Official Supreme Court Transcript — file page 8, lines 27-27 — Transcript, file page 8, lines 27-27
- Official Supreme Court Transcript — file page 8, lines 31-39 — Transcript, file page 8, lines 31-39
- Official Supreme Court Transcript — file page 8, lines 43-43 — Transcript, file page 8, lines 43-43
- Official Supreme Court Transcript — file page 9, lines 55-33 — Transcript, file page 9, lines 55-33
Why it matters
This case determines how much prisoners keep from their awards. It affects the financial viability of civil rights litigation. It shapes the cost of legal representation for incarcerated individuals. It clarifies the scope of the statutory fee cap. It impacts the balance between access to courts and attorney compensation.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 11, lines 19-37 — Transcript, file page 11, lines 19-37
- Official Supreme Court Transcript — file page 12, lines 21-33 — Transcript, file page 12, lines 21-33
- Official Supreme Court Transcript — file page 12, lines 37-53 — Transcript, file page 12, lines 37-53
- Official Supreme Court Transcript — file page 13, lines 29-47 — Transcript, file page 13, lines 29-47
- Official Supreme Court Transcript — file page 15, lines 19-23 — Transcript, file page 15, lines 19-23
- Official Supreme Court Transcript — file page 15, lines 27-29 — Transcript, file page 15, lines 27-29
- Official Supreme Court Transcript — file page 4, lines 11-21 — Transcript, file page 4, lines 11-21
- Official Supreme Court Transcript — file page 6, lines 7-17 — Transcript, file page 6, lines 7-17
- Official Supreme Court Transcript — file page 7, lines 29-45 — Transcript, file page 7, lines 29-45
- Official Supreme Court Transcript — file page 8, lines 27-27 — Transcript, file page 8, lines 27-27
- Official Supreme Court Transcript — file page 8, lines 31-39 — Transcript, file page 8, lines 31-39
- Official Supreme Court Transcript — file page 8, lines 43-43 — Transcript, file page 8, lines 43-43
- Official Supreme Court Transcript — file page 9, lines 55-33 — Transcript, file page 9, lines 55-33
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
- Official Supreme Court Transcript — file page 29, lines 55-15 — Transcript, file page 29, lines 55-15
- Official Supreme Court Transcript — file page 4, lines 23-1 — Transcript, file page 4, lines 23-1
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.