Evans v. Croom

650 F.2d 521
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 4, 1981
DocketNos. 80-6331, 80-6352, 80-6355, 80-6393 and 80-6395
StatusPublished
Cited by497 cases

This text of 650 F.2d 521 (Evans v. Croom) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. Croom, 650 F.2d 521 (4th Cir. 1981).

Opinion

RUSSELL, Circuit Judge:

The plaintiffs, all state prisoners, appeal the dismissal of their pro se § 1983, 42 U.S.C. actions against the officials at the prison where they are incarcerated. In all the actions, the plaintiffs, by affidavit sought under § 1915(a), 28 U.S.C., authority to commence and prosecute their actions as indigents, relieved of any obligation to pay filing fees.

Before the actions were filed, the District Court had promulgated an order permitting a tentative filing of any § 1983 action by a state prisoner whenever the affidavit in support of the pro forma pauperis motion declares “that the prisoner has less than the statutory filing fee in his trust fund account,” but directing the Clerk of Court, after procuring from the North Carolina Department of Corrections “a certified copy of the trust fund account of the plaintiff for the six-month period preceding submission of the complaint,” to require the “payment of a partial filing fee based on the income received within the six-month period preceding submission of the complaint ...,” but never exceeding 15% of the sums received in the plaintiff’s trust account for the preceding six months.

Obedient to the order of the District Court, the Clerk, after submission of the complaints and after obtaining from the prisoners affidavits showing the amount in their prison trust accounts, requested from the North Carolina Department of Corrections a statement showing the status of their prison “trust fund accounts” both at the time of filing and over a period of six months prior to the filing. On the basis of this latter statement, the Clerk demanded that the plaintiffs pay within 30 days certain sums as provided in the rule in partial payment of the filing fees as a condition to [523]*523the maintenance of their actions.1 The plaintiffs failed within the required time to make the payments fixed by the Clerk and the District Court dismissed the actions. This appeal followed.

The rule promulgated by the District Court and under which it acted in these cases represents an attempt to deal with the flood of pro se § 1983 prisoner actions that today clog the federal court calendars by weeding out those where it appears the plaintiff himself has some financial resources but has such lack of good faith in his action that he is unwilling to make any contribution, however small, towards meeting its filing costs. The type of actions at which the rule is directed, though generally stated in passable pro forma allegations, considering the liberality in pleading allowed pro se complaints, has proved all too often to be without merit and frequently appears to have been begun without any real hope of success as “mere outlets for general discontent in having to undergo penal restraint or of personal satisfaction in attempting to harass prison officials” 2 or to enjoy what one describes as a prisoner’s “field day in the courts, at public expense,” Weller v. Dickson, 314 F.2d 598, 601 (9th Cir. 1963), cert. denied 375 U.S. 845, 84 S.Ct. 97, 11 L.Ed.2d 72. If the prisoners, by filing an indigent affidavit in such actions, may acquire at will indigent status, they will have every incentive to indulge any inclination they may have to harass their custodian. After all, they have nothing to lose and everything to gain.3 Because of this, we, as well as other circuit courts, have cautioned the district courts to “be diligent in acting to prevent state prisoners from calling upon the financial support of the federal government to prosecute frivolous civil suits intended to harass state prison officials.” Daye v. Bounds, 509 F.2d 66, 68 (4th Cir. 1975), cert. denied, 421 U.S. 1002, 95 S.Ct. 2404, 44 L.Ed.2d 671.4 The rule under review is the district court’s answer to our direction and that of the Court in O’Connell. The procedure adopted is neither new nor unique, and it is a procedure which in one form or another has been reviewed by other circuit courts.

In reviewing rules such as the one challenged here the courts have not differed on the recognition of the problem presented to the federal courts by the crescendo of prisoners’ civil rights suits or the propriety of attempting to moderate that development. They have recognized the unique status of a prisoner seeking indigent status. A prisoner is assured of the necessities of life, housing, food, clothing and medical care at state expense. His financial needs are thus not similar to those of a person in ordinary life. [524]*524This, of course, does not mean that the prisoner is to be denied all financial resources with which to buy the simple amenities of life, severely limited though they may be by the constraints of his prison environment, as a condition to qualifying as an indigent under § 1915(a). No more than for any one else, indigency under § 1915(a) for a prisoner is not synonymous with absolute pennilessness.5 But there is nothing unreasonable in requiring him, as well as any other plaintiff, to make some contribution, however minimal, to ask him, in the words of Stump, “to some small degree to ‘put his money where his mouth is,’ it being all too easy [for him] to file suits, even with sufficient pro forma allegations, if it costs nothing whatever to do so.”6 Such a requirement imposed “to curb the indiscriminate filing of [meritless] prisoner civil rights actions” is simply forcing the prisoner “to ‘confront the initial dilemma which faces most other potential civil litigants: is the merit of the claim worth the cost of pursuing it?’” Braden v. Estelle, 428 F.Supp. 595, 596 (S.D.Tex.1977).

Such differences as have arisen among the courts on this issue lie in determining when the prisoner’s resources are such that, before permitting him to qualify for indigent status, he should be compelled to make some partial contribution out of such resources towards a filing fee which in amount will not unreasonably interfere with his right to purchase basic amenities in the prison context. In arriving at this determination, the courts recognize that in all prisons the prisoners have a trust fund account, accumulated either from prison earnings or from private resources, which can be drawn on to meet the costs of purchasing things and services that may be available in the prison context. Though not confining themselves to these trust accounts, courts, in ascertaining indigent status, normally look to these balances in evaluating the prisoner’s qualification for indigent classification just as the district court has done in the challenged rule.7

The courts have developed different standards of indigency arrived at on the basis of those trust funds. The early cases sought to qualify a prisoner’s financial situation for determining indigent status by establishing the availability of more than $50 in the prisoner’s trust account as sufficient to deny indigent status, at least so far as payment of the filing fee was concerned.8 Other courts have' questioned an inflexible dollar standard for ascertaining indigent status. The leading case among those finding such an inflexible standard improper is Souder v.

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Bluebook (online)
650 F.2d 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-croom-ca4-1981.