Humphrey v. Bowles

125 F.R.D. 657, 1988 U.S. Dist. LEXIS 16421, 1988 WL 156817
CourtDistrict Court, N.D. Texas
DecidedNovember 1, 1988
DocketMisc. No. 2722-R
StatusPublished
Cited by2 cases

This text of 125 F.R.D. 657 (Humphrey v. Bowles) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Humphrey v. Bowles, 125 F.R.D. 657, 1988 U.S. Dist. LEXIS 16421, 1988 WL 156817 (N.D. Tex. 1988).

Opinion

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This is a totally frivolous pro se suit by a prisoner under 42 U.S.C. § 1983. It is, in fact, tke twelfth groundless case filed by this same prisoner in the past 17 months. Accordingly, this Court, following the lead of the Fifth Circuit—see Gabel v. Lynaugh, 835 F.2d 124 (5th Cir.1988); Lay v. Anderson, 837 F.2d 231 (5th Cir.1988); Simmons v. Poppell, 837 F.2d 1243 (5th Cir.1988); and Whittington v. Lynaugh, 842 F.2d 818 (5th Cir.1988)—will impose these sanctions upon the plaintiff, Robert L. Humphrey:

(i) Humphrey will be ordered to pay $360.00 (an amount which equals the filing fee in this case plus the filing fees for two related, but equally frivolous cases).1
(ii) Until this $360.00 is paid, Humphrey is prohibited from filing any other suits in this district,2 unless leave is first obtained from this Court.
(iii) As funds accumulate in the account of Humphrey at the Dallas County Jail, or at the Texas Department of Corrections (“TDC”), the appropriate jail or prison officials shall withdraw this money and forward it to the District Clerk of this Court until the full amount of the sanctions ($360.00) has been paid.3

This opinion first discusses the recent Fifth Circuit cases cited above; it then describes the magnitude of the problem of frivolous prisoner cases in the Dallas Division of this District; and it concludes with an explanation of the reasons for the imposition of sanctions against the prisoner-plaintiff, Robert L. Humphrey.

1. THE FIFTH CIRCUIT

Beginning in January of 1988, the Fifth Circuit expressed its increasing concern over the filing of frivolous § 1983 civil rights actions by state prisoners. And, in the four cases discussed below, it imposed or approved sanctions against prisoners who had filed groundless suits or appeals,

a. Gabel v. Lynaugh:

“Recreational Lawsuits”

The Fifth Circuit described the magnitude of the problem in Gabel v. Lynaugh, 835 F.2d 124 (5th Cir.1988):

About one appeal in every six which came to our docket (17.3%) the last four months was a state prisoner’s pro se civil rights case. A high percentage of these are meritless, and many are transparently frivolous. So far in the current year (July 1-October 31, 1987), for example, the percentage of such appeals in which [659]*659reversal occurred was 5.08. Partial reversal occurred in another 2.54%, for a total of 7.62% in which any relief was granted. The comparable figure for all appeals was almost twice as large, 14.3%. Over 92% were either dismissed or affirmed in full.
For the same period § 1983 prisoner appeals prosecuted without counsel were our largest single category of cases which survived long enough to be briefed and enter our screening process so as to require full panel consideration. The number of these stands at almost 22%, with the next largest category—diversity cases—coming in at 16%, federal question appeals at 14.5%, and both general civil rights cases and criminal appeals coming in at something over 11% each. Such figures suggest that pro se civil rights litigation has become a recreational activity for state prisoners in our Circuit and that such action as we commence today in long overdue. We give notice that future frivolous or malicious appeals will call forth like sanctions. (835 F.2d at 125, n. 1) (emphasis added).

Gabel affirmed the trial court’s dismissal of a frivolous § 1983 suit by two state prisoners. However, the Fifth Circuit also imposed sanctions on the pro se plaintiffs —by ordering “the appropriate officials at TDC” to withdraw “the amount of $10.00” from the prison accounts of each of the plaintiffs and forward this money to the Clerk of the Fifth Circuit. In addition to noting that this action was “long overdue” in frivolous § 1983 suits by state prisoners, Gabel emphasizes:

... We do not sit as a means by which prisoner plaintiffs may punish the system—or to be punished ourselves—by the pursuit of frivolous or malicious appeals by disgruntled state prisoners. (835 F.2d at 125).

b. Lay v. Anderson:

“Drowning the Legitimate Case”

Another factor is of equal importance: the obvious danger that the serious, legitimate § 1983 suits by state prisoners may become lost in the increasing flood of frivolous civil rights actions and habeas proceedings.4 The Fifth Circuit made this clear in Lay v. Anderson, 837 F.2d 231 (5th Cir.1988):

This court, like the district courts in our circuit, has recently witnessed a significant increase in the number of pro se, usually prisoner, civil rights actions. See Gabel v. Lynaugh, 835 F.2d 124,125 n. 1 (5th Cir.1988). The large majority of these cases are without even arguable legal footing. The judicial time and resources they command are astonishingly large and divert considerable attention from other matters on our dockets. Moreover, there is a serious threat that legitimate pro se petitions will drown in the cacophony of the groundless ones. Taxing costs against an unsuccessful in forma pauperis litigant at the conclusion of his appeal is one way to defray the judicial and social burden imposed by these lawsuits____ (837 F.2d at 232-33) (emphasis added).

In Lay, the prisoner-plaintiff “had filed at least a half-dozen petitions for habeas corpus relief and several prisoner civil rights cases.” Accordingly, in affirming the district court’s dismissal of his latest case, the Fifth Circuit taxed costs of appeal (“at least the $105 court of appeals fees”), to be paid from the plaintiff’s “prison account or any other source of assets or income he may have.”5 In addition, the Court imposed another sanction in Lay:

... Finally, we hold as further sanction that Lay may file no further appeal in forma pauperis in this court, unless the district court has certified such appeal is in good faith or Lay has paid the [660]*660costs taxed in this appeal. (837 F.2d at 232).

c. Simmons v. Poppell:

No Unrestrained License for Pro Se Plaintiffs

In Simmons v. Poppell, 837 F.2d 1243 (5th Cir.1988), the Fifth Circuit addressed a third factor: whether it was appropriate to impose sanctions against a non-lawyer—a state prisoner who has filed a frivolous pro se § 1983 suit. The Court held that, while caution must be exercised, sanctions were appropriate:

... Although we are particularly cautious in the imposition of sanctions against pro se plaintiffs,

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Cite This Page — Counsel Stack

Bluebook (online)
125 F.R.D. 657, 1988 U.S. Dist. LEXIS 16421, 1988 WL 156817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphrey-v-bowles-txnd-1988.