Bruce v. Samuels

577 U.S. 82, 136 S. Ct. 627, 193 L. Ed. 2d 496, 25 Fla. L. Weekly Fed. S 581, 84 U.S.L.W. 4029, 2016 U.S. LEXIS 620
Supreme Court of the United States·Decided January 12, 2016·No. No. 14–844.·Published·Cited by 321 cases

Opinion

Justice GINSBURG delivered the opinion of the Court.

This case concerns the payment of filing fees for civil actions commenced by prisoners in federal courts. Until 1996, indigent prisoners, like other indigent persons, could file a civil action without paying any filing fee. See 28 U.S.C. § 1915(a)(1). In the Prison Litigation Reform Act of 1995 (PLRA), 110 Stat. 1321-66, Congress placed several limitations on prisoner litigation in federal courts. Among those limitations, Congress required prisoners qualified to proceed in forma pauperis nevertheless to pay an initial partial filing fee. That fee is statutorily set as "20 percent of the greater of" the average monthly deposits in the prisoner's account or the average monthly balance of the account over the preceding six months. § 1915(b)(1). Thereafter, to complete payment of the filing fee, prisoners must pay, in monthly installments, "20 percent of the preceding month's income credited to the prisoner's account." § 1915(b)(2). The initial partial filing fee may not be exacted if the prisoner has no means to pay it, § 1915(b)(4), and no monthly installments are required unless the prisoner has more than $10 in his account, § 1915(b)(2).

It is undisputed that the initial partial filing fee is to be assessed on a per-case basis, i.e., each time the prisoner files a lawsuit. In contest here is the calculation of subsequent monthly installment payments. Petitioner Antoine Bruce urges a per-prisoner approach under which he would pay 20 percent of his monthly income regardless of the number of cases he has filed. The Government urges, and the court below followed, a per-case approach under which a prisoner would pay 20 percent of his monthly income for each case he has filed. Courts of Appeals have divided on which of these two approaches § 1915(b)(2) orders.1 To resolve the conflict, we granted certiorari. 576 U.S. ----, 135 S.Ct. 2833, 192 L.Ed.2d 874 (2015).

We hold that monthly installment payments, like the initial partial payment, are to be assessed on a per-case basis. Nothing in § 1915's current design supports treating a prisoner's second or third action unlike his first lawsuit.

I

A

In 1892, Congress enacted the in forma pauperis (IFP) statute, now codified at 28 U.S.C. § 1915, "to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Reacting to "a sharp rise in prisoner litigation," Woodford v. Ngo, 548 U.S. 81, 84, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006), Congress in 1996 enacted *630the PLRA, which installed a variety of measures "designed to filter out the bad claims [filed by prisoners] and facilitate consideration of the good," Coleman v. Tollefson, 575 U.S. ----, ----, 135 S.Ct. 1759, 1762, 191 L.Ed.2d 803 (2015) (quoting Jones v. Bock, 549 U.S. 199, 204, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007) ; alteration in original).

Among those measures, Congress required prisoners to pay filing fees for the suits or appeals they launch. The provisions on fee payment, set forth in § 1915(b), read:

"(1) ... [I]f a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of-
"(A) the average monthly deposits to the prisoner's account; or
"(B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.
"(2) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid."

The monthly installment scheme described in § 1915(b)(2) also applies to costs awarded against prisoners when they are judgment losers. § 1915(f)(2)(B).

To further contain prisoner litigation, the PLRA introduced a three-strikes provision: Prisoners whose suits or appeals are dismissed three or more times as frivolous, malicious, or failing to state a claim on which relief may be granted are barred from proceeding IFP "unless the prisoner is under imminent danger of serious physical injury." § 1915(g). In other words, for most three strikers, all future filing fees become payable in full upfront.

Congress included in its 1996 overhaul of § 1915 a safety-valve provision to ensure that the fee requirements would not bar access to the courts: "In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee." § 1915(b)(4).

B

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Bruce v. Samuels, 577 U.S. 82, 136 S. Ct. 627, 193 L. Ed. 2d 496, 25 Fla. L. Weekly Fed. S 581, 84 U.S.L.W. 4029, 2016 U.S. LEXIS 620 (2016).

577 U.S. 82 (Bruce v. Samuels) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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