Berger v. Bryant (Majority, with Dissenting)
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The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition to proceed in forma pauperis on a petition for writ of mandamus and a motion for declaratory judgment, holding that Appellant failed to state a colorable cause of action.
In 1998, Appellant was convicted of rape. In his petition for a writ of mandamus, Appellant asserted that he sought information pursuant to the Arkansas Freedom of Information Act regarding his rape conviction but received no response. The circuit court denied the petition. The Supreme Court affirmed, holding (1) even if Appellant had requested disclosable information, he would not be entitled to inspect it as an incarcerated person; and (2) Appellant did not demonstrate a legitimate claim given the facts presented and therefore failed to establish a colorable cause of action to support his request to proceed in forma pauperis.
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