- 7 Republicans, 2 Democrats
- One the Democratic justices was appointed by a Republican governor
- MS. CONST. Art. 3, § 28. Cruel or unusual punishment shall not be inflicted, nor excessive fines be imposed.
- MS. CONST. Art. 3 § 29. Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.
- Implied cause of action for unlawful search and seizure; unclear if there is a damages remedy available. Mayes v. Till, 266 So. 2d 578, 580-81 (Miss. 1972).
- MISS. CODE ANN. § 47-5-138(3)
- . . . (3) (a) For the purposes of this subsection, “final order” means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
- (b) On receipt of a final order, the department shall forfeit:
- (i) Sixty (60) days of an inmate’s accrued earned time if the department has received one (1) final order as defined herein;
- (ii) One hundred twenty (120) days of an inmate’s accrued earned time if the department has received two (2) final orders as defined herein;
- (iii) One hundred eighty (180) days of an inmate’s accrued earned time if the department has received three (3) or more final orders as defined herein.
- (c) The department may not restore earned time forfeited under this subsection.
- MISS. CODE ANN. § 47-5-76
- (1) Except as provided in subsection (2) of this section, if an inmate plaintiff files a pauper’s affidavit in a civil action and the defendant is an employee of the department and the civil action pertains to the inmate’s condition of confinement, the department shall pay, out of any funds available for such purpose, all costs of court assessed against the inmate in the civil action. However, the department shall not pay the costs of court if the inmate has on three (3) or more prior occasions, while incarcerated, brought an action or appeal that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted.
- An inmate shall not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court 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.
- (2) An inmate who proceeds in forma pauperis in a civil action shall pay twenty percent (20%) per month of the funds in his or her inmate account to the Department of Corrections until all filing fees and costs of his or her litigation are paid to the department. The department may withdraw such funds automatically from the account of any inmate permitted a civil filing as a pauper. If an inmate is allowed an appeal in forma pauperis of a civil action, the inmate shall reimburse all costs and fees to the department by automatic withdrawal each month in the amount of twenty percent (20%) of his or her funds until all state funds are reimbursed.
