Petitions to Proceed In Forma Pauperis: The Effect of In Re McDonald and Neiztke v. Williams
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Authors
Kalkwarf, Wayne A.
Issue Date
1991
Volume
24
Issue
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|In 1892 Congress enacted the first in forma pauperis statute, providing indigent individuals access to the federal courts. Congress made substantial amendments to the act in 1910, 1922, 1949, 1951, 1959, and 1979 as a result of various court decisions. The statute presently provides for "the commencement, prosecution or defense of any suit ... without prepayment of fees and costs ... by a person who makes affidavit that he is unable to pay such costs .... " Recognizing, however, the possible abuse of the statute, Congress empowered the courts to "dismiss the case if the allegations of poverty are untrue, or if satisfied that the action is frivolous or malicious." Although considerable debate has recently occurred concerning the statute, in light of "the overwhelming number of meritless complaints," it was not until 1989 that the United States Supreme Court defined the parameters of the act...
Description
Citation
24 Creighton L. Rev. 803 (1990-1991)
Publisher
Creighton University School of Law