Maureen LaPierre v. Donald Trump, individually and in his official capacity as President of the United States of America

CourtDistrict Court, D. Idaho
DecidedFebruary 10, 2026
Docket2:25-cv-00451
StatusUnknown

This text of Maureen LaPierre v. Donald Trump, individually and in his official capacity as President of the United States of America (Maureen LaPierre v. Donald Trump, individually and in his official capacity as President of the United States of America) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Maureen LaPierre v. Donald Trump, individually and in his official capacity as President of the United States of America, (D. Idaho 2026).

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

MAUREEN LAPIERRE, Plaintiff, Case No. 2:25-cv-00451-DCN

v. INITIAL REVIEW ORDER

DONALD TRUMP, individually and in his official capacity as President of the United States of America Defendant.

I. INTRODUCTION Before the Court is Plaintiff Maureen LaPierre’s Complaint (Dkt. 2) and Application for Leave to Proceed in Forma Pauperis (Dkt. 1). LaPierre filed an Amended Complaint on September 22, 2025.1 Dkt. 6. Under 28 U.S.C. § 1915, the Court must review LaPierre’s request to determine whether she is entitled to proceed in forma pauperis— which permits civil litigants to proceed without prepayment of the filing fee or to pay the filing fee over time. Rice v. City of Boise City, 2013 WL 6385657, at *1 (D. Idaho Dec. 6, 2013). The Court must also undertake an initial review of LaPierre’s Complaint to ensure it meets the minimum required standards. See 28 U.S.C. § 1915(e)(2). For the reasons below, the Court GRANTS LaPierre’s application to proceed in forma pauperis and will allow her to pay the filing fee over time. That said, after a review

1 LaPierre’s Amended Complaint is the operative complaint. See CDK Global LLC v. Brnovich, 16 F.4th 1266, 1274 (9th Cir. 2021) (explaining “an amended complaint supersedes the original complaint” thereby becoming the “operative pleading” (citation modified)). of the Amended Complaint, the Court must DISMISS WITHOUT PREJUDICE. It will, however, allow LaPierre an opportunity to remedy the shortcomings in her Amended

Complaint. II. BACKGROUND LaPierre is suing President Donald J. Trump for alleged violations of the Foreign and Domestic Emoluments Clauses and other federal ethics rules by, among other things, accepting a Boeing 747-8 jet from Qatar, continuing to benefit from foreign backed cryptocurrency ventures, and ongoing emoluments received from Trump-owned entities.

See generally, Dkt. 6, at 2. LaPierre alleges Trump has engaged in a continuous pattern of violations including enrichment through Mar-a-Lago and cryptocurrency ventures, which threaten the “integrity of the Executive Branch, places Americans at risk, and occurs without Congressional consent.” Dkt. 6 at 3. LaPierre seeks to proceed in forma pauperis, citing her poverty. Dkt. 1.

III. LEGAL STANDARD A. Application for Leave to Proceed in Forma Pauperis “[A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, . . . without prepayment of fees or security therefor.” 28 U.S.C. § 1915(a)(1). In order to qualify for in forma pauperis

status, a plaintiff must submit an affidavit that includes a statement of all assets he possesses and indicates that he is unable to pay the fee required. The affidavit is sufficient if it states that the plaintiff, because of his poverty, cannot “pay or give security for the costs” and still be able to provide for himself and dependents “with necessities of life.” Adkins v. E.I. DuPont de Numours & Co., 335 U.S. 331, 339 (1948). The affidavit must “state the facts as to affiant’s poverty with some particularity, definiteness and certainty.”

United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotation marks omitted) (quoting Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)). B. Sufficiency of Complaint The Court is required to screen complaints that are brought by litigants who seek in forma pauperis status. See 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (“[S]ection 1915(e) applies to all in forma pauperis complaints, not

just those filed by prisoners”). The Court must dismiss a plaintiff’s complaint, or any portion thereof, if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B)(i-iii). To state a claim upon which relief can be granted, a plaintiff’s complaint must include facts sufficient to show a plausible claim for

relief. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009) (citing Bell Atlantic Corp. v. Twombly. 550 U.S. 544 (2007)). The plaintiff cannot simply recite the elements of a cause of action and try to support that recitation with mere conclusory statements. Id. at 678. During this initial review, courts generally construe pro se pleadings liberally, giving pro se plaintiffs the benefit of any doubt. See Resnick v. Hayes, 213 F.3d 443,447

(9th Cir. 2000). Even so, plaintiffs—whether represented or not—have the burden of articulating their claims clearly and alleging facts sufficient to support review of each claim. Pena v. Gardner, 976 F.2d 469, 471 (9th Cir. 1992). Additionally, if amending the complaint would remedy the deficiencies, plaintiffs should be notified and provided an opportunity to amend. See Jackson v. Carey, 353 F.3d 750, 758 (9th Cir. 2003). IV. ANALYSIS

A. Application to Proceed in Forma Pauperis LaPierre utilized the Administrative Office of the Court’s generic in forma pauperis form. LaPierre reported her monthly income to be $555 minus her monthly expenses of $375, which leaves her with $180 in discretionary income each month. Dkt. 1, at 2. LaPierre claims she has $0 cash and $63.47 in a checking account and $75.02 in a savings account. Id. at 3. LaPierre claims she lives with her daughter who pays rent and utilities,

and LaPierre is responsible for her own food, gas, and medicine. Id. at 5. On these facts, LaPierre could not likely pay the standard $400 filing fee all at once without sacrificing the necessities of life. She could, however, submit a monthly payment in proportion to her reported discretionary income and pay the filing fee over time. Because food, transportation, and medicine are included in her expenses, and her daughter pays rent and

utilities, the Court infers that LaPierre’s remaining funds are truly discretionary: available to her for entertainment, travel, or recreation. Thus, the Court finds that $100—the amount LaPierre keeps each month after providing for her necessities—is an appropriate monthly fee considering her cash flow in the recent past and her available assets, including her $2,000 car. LaPierre will be required

to pay the $400 filing fee in $100 monthly installments.

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Maureen LaPierre v. Donald Trump, individually and in his official capacity as President of the United States of America, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maureen-lapierre-v-donald-trump-individually-and-in-his-official-capacity-idd-2026.