Neitzke v. Williams

Citation109 S.Ct. 1827,490 U.S. 319,104 L.Ed.2d 338
Decision Date01 May 1989
Docket NumberNo. 87-1882,87-1882
PartiesDean NEITZKE, etc., et al., Petitioners v. Harry Lawrence WILLIAMS, Sr
CourtU.S. Supreme Court
Syllabus

A provision in the federal in forma pauperis statute, 28 U.S.C. § 1915(d), authorizes courts to dismiss an in forma pauperis claim if, inter alia, "the action is frivolous or malicious." Respondent Williams, a prison inmate, filed a motion to proceed in forma pauperis and a complaint under 42 U.S.C. § 1983 in the District Court, charging that prison officials had violated his Eighth Amendment rights by denying him medical treatment and his Fourteenth Amendment due process rights by transferring him without a hearing to a less desirable cell house when he refused to continue working because of his medical condition. The District Court dismissed the complaint sua sponte as frivolous under § 1915(d) on the grounds that Williams had failed to state a claim upon which relief could be granted under Federal Rule of Civil Procedure 12(b)(6). The Court of Appeals, holding that the District Court had wrongly equated the standard for failure to state a claim under Rule 12(b)(6) with the more lenient standard for frivolousness under § 1915(d), which permits dismissal only if a petitioner cannot make any rational argument in law or fact entitling him to relief, affirmed the dismissal of the Fourteenth Amendment claim on the ground that a prisoner clearly has no constitutionally protected liberty or property interest in being incarcerated in a particular institution or wing. However, the court reversed the dismissal of the Eighth Amendment claim as to two of the five defendants, declaring itself unable to state with certainty that Williams was unable to make any rational argument to support his claim.

Held: A complaint filed in forma pauperis is not automatically frivolous within the meaning of § 1915(d) because it fails to state a claim under Rule 12(b)(6). The two standards were devised to serve distinctive goals and have separate functions. Under Rule 12(b)(6)'s failure-to-state-a-claim standard—which is designed to streamline litigation by dispensing with needless discovery and factfinding—a court may dismiss a claim based on a dispositive issue of law without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one, whereas under § 1915(d)'s frivolousness standard—which is intended to discourag baseless lawsuits—dismissal is proper only if the legal theory (as in Williams' Fourteenth Amendment claim) or the factual contentions lack an arguable basis. The considerable common ground between the two standards does not mean that one invariably encompasses the other, since, where a complaint raises an arguable question of law which the district court ultimately finds is correctly resolved against the plaintiff, dismissal on Rule 12(b)(6) grounds is appropriate, but dismissal on the basis of frivolousness is not. This conclusion flows from § 1915(d)'s role of replicating the function of screening out inarguable claims from arguably meritorious ones played out in the realm of paid cases by financial considerations. Moreover, it accords with the understanding articulated in other areas of law that not all unsuccessful claims are frivolous. It is also consonant with Congress' goal in enacting the in forma pauperis statute of assuring equality of consideration for all litigants. To conflate these standards would deny indigent plaintiffs the practical protections of Rule 12(b)(6)—notice of a pending motion to dismiss and an opportunity to amend the complaint before the motion is ruled on—which are not provided when complaints are dismissed sua sponte under § 1915(d). Pp. 324-331.

837 F.2d 304 (C.A.7 1988), affirmed.

MARSHALL, J., delivered the opinion for a unanimous Court.

Robert S. Spear, Indianapolis, Ind., for petitioners.

George A. Rutherglen, for respondent.

Justice MARSHALL delivered the opinion of the Court.

The question presented is whether a complaint filed in forma pauperis which fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) is automatically frivolous within the meaning of 28 U.S.C. § 1915(d). The answer, we hold, is no.

I

On October 27, 1986, respondent Harry Williams, Sr., an inmate in the custody of the Indiana Department of Corrections, filed a complaint under 42 U.S.C. § 1983 in the United States District Court for the Southern District of Indiana, naming five Indiana correctional officials as defendants. App. 38. The complaint alleged that, while at the Indiana State Prison, Williams had been diagnosed by a prison doctor as having a small brain tumor which affected his equilibrium. Id., at 40. Because of this condition, the doctor placed Williams for one year on "medical idle status." A medical report Williams attached to the complaint stated that "[i]t is very likely that he will have this condition for some time to come." Id., at 48.

The complaint further alleged that, when Williams was transferred to the Indiana State Reformatory, he notified the reformatory staff about the tumor and about the doctor's recommendation that he not participate in any prison work program. Id., at 41. Despite this notification, reformatory doctors refused to treat the tumor, id., at 40-41, and reformatory officials assigned Williams to do garment manufacturing work, id., at 42. After Williams' equilibrium problems worsened and he refused to continue working, the reformatory disciplinary board responded by transferring him to a less desirable cellhouse. Id., at 42-43.

The complaint charged that by denying medical treatment, the reformatory officials had violated Williams' rights under the Eighth Amendment, and by transferring him without a hearing, they had violated his rights under the Due Process Clause of the Fourteenth Amendment. Id., at 44. The complaint sought money damages and declaratory and injunctive relief. Id., at 45-46. Along with the complaint, Williams filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a), stating that he had no assets and only prison income. App. 36-37.

The District Court dismissed the complaint sua sponte as frivolous under 28 U.S.C. § 1915(d) on the grounds that Williams had failed to state a claim upon which relief could be granted under Federal Rule of Civil Procedure 12(b (6). Insofar as Williams claimed deficient medical care, his pleadings did not state a claim of "deliberate indifference to [his] serious medical needs," as prisoners' Eighth Amendment claims must under Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976), but instead described a constitutionally noncognizable instance of medical malpractice. Williams v. Faulkner, Cause No. IP 86-1307-C (SD Ind., Jan. 16, 1987), reprinted at App. 67. Insofar as Williams protested his transfer without a hearing, his pleadings failed to state a due process violation, for a prisoner has no constitutionally protected liberty or property interest in being incarcerated in a particular institution or a particular wing. Id., at 26. The court gave no other reasons for finding the complaint frivolous. On Williams' ensuing motion to vacate the judgment and amend his pleadings, the District Court reached these same conclusions. Williams v. Faulkner, Cause No. IP 86-1307-C (SD Ind., Mar. 11, 1987), reprinted at App. 29.1

The Court of Appeals for the Seventh Circuit affirmed in part and reversed in part. Williams v. Faulkner, 837 F.2d 304 (1988). In its view, the District Court had wrongly equated the standard for failure to state a claim under Rule 12(b)(6) with the standard for frivolousness under § 1915(d). The frivolousness standard, authorizing sua sponte dismissal of an in forma pauperis complaint "only if the petitioner can- not make any rational argument in law or fact which would entitle him or her to relief," is a "more lenient" standard than that of Rule 12(b)(6), the court stated. 837 F.2d, at 307. Unless there is " 'indisputably absent any factual or legal basis' " for the wrong asserted in the complaint, the trial court, "[i]n a close case," should permit the claim to proceed at least to the point where responsive pleadings are required. Ibid. (citation omitted).

Evaluated under this frivolousness standard, the Court of Appeals held, Williams' Eighth Amendment claims against two of the defendants had been wrongly dismissed. Although the complaint failed to allege the level of deliberate indifference necessary to survive a motion to dismiss under Rule 12(b)(6), at this stage of the proceedings, the court stated, "we cannot state with certainty that Williams is unable to make any rational argument in law or fact to support his claim for relief" against these defendants. 837 F.2d, at 308. Accordingly, the Court of Appeals reversed and remanded these claims to the District Court.2 The Court of Appeals affirmed the dis issal of Williams' due process claims as frivolous, however. Because the law is clear that prisoners have no constitutionally protected liberty interest in remaining in a particular wing of a prison, the court stated Williams could make no rational argument in law or fact that his transfer violated due process. Id., at 308-309.

We granted the petition for a writ of certiorari, 488 U.S. 816, 109 S.Ct. 53, 102 L.Ed.2d 32 (1988), filed by those defendants against whom Williams' claims still stand to decide whether a complaint that fails to state a claim under Rule 12(b)(6) is necessarily frivolous within the meaning of § 1915(d), a question over which the Courts of Appeals have disagreed.3 We now affirm.

II

The federal in forma pauperis statute, enacted in 1892 and presently codified as 28 U.S.C. § 1915, is designed to ensure that indigent litigants have meaningful access to the federal courts. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 342-343, 69 S.Ct. 85, 90-91, 93 L.Ed. 43 (1948). Toward this end, § 1915(a...

To continue reading

Request your trial
43885 cases
  • Griffin v. Padula
    • United States
    • U.S. District Court — District of South Carolina
    • July 6, 2007
    ...of the following precedents: Denton v. Hernandez, 504 U.S. 25, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992); Neitzke v. Williams, 490 U.S. 319, 324-325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Nasim v. Warden, Maryland House of ......
  • Quiroga v. Graves
    • United States
    • U.S. District Court — Eastern District of California
    • March 15, 2018
    ...556 U.S. at 678. However, "the liberal pleading standard . . . applies only to a plaintiff's factual allegations." Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). "[A] liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially......
  • CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
    • United States
    • U.S. District Court — Middle District of Florida
    • April 6, 2011
    ...the truth of the factual allegations of plaintiff's complaint, there is a dispositive legal issue which precludes relief. Neitzke v. Williams, 490 U.S. 319, 326 (1989); Brown v. Crawford County, Ga., 960 F.2d 1002, 1009-10 (11th Cir. 1992). Because the designation of critical habitat for sp......
  • Thomas v. Colvin
    • United States
    • U.S. District Court — District of South Carolina
    • September 6, 2011
    ...U.S.C. § 1915. The review has been conducted in light of the following precedents: Denton v. Hernandez, 504 U.S. 25 (1992); Neitzke v. Williams, 490 U.S. 319 (1989); Estelle v. Gamble, 429 U.S. 97 (1976); Haines v. Kerner, 404 U.S. 519 (1972); Nasim v. Warden, Maryland House of Correction, ......
  • Request a trial to view additional results
8 books & journal articles
  • Table of Cases
    • United States
    • James Publishing Practical Law Books Preparing for Trial in Federal Court
    • May 4, 2010
    ...Co. v. Winchester Homes, Inc. , 15 F.3d 371, 375 (4th Cir. 1994), §2:35 Preparing for Trial in Federal Court C- 826 Neitzke v. Williams , 490 U.S. 319, 326-327 (1989), §2:32 Nelson v. County of Wright, 162 F.3d 986 (8th Cir.1998), Form 6-16 Nelson v. EG&G Energy Measurements Group, Inc. , 3......
  • The pleading problem.
    • United States
    • Stanford Law Review Vol. 62 No. 5, May 2010
    • May 1, 2010
    ...13 Estelle v. Gamble, 429 U.S. 97 (1976) 18,288 14 Adickes v. S.H. Kress & Co., 398 U.S. 17,705 144 (1970) 15 Neitzke v. Williams, 490 U.S. 319 (1989) 17,593 16 Scheuer v. Rhodes, 416 U.S. 232 (1974) 17,266 17 Williams v. Taylor, 529 U.S. 362 (2000) 17,116 18 Harlow v. Fitzgerald, 457 U......
  • Pleading practice
    • United States
    • James Publishing Practical Law Books Preparing for Trial in Federal Court
    • May 4, 2010
    ...to dismiss for failure to state a claim upon which relief can be granted can lead to amendment. FRCP 12(b)(6); Neitzke v. Williams , 490 U.S. 319, 326-327 (1989). In particular, if the opposing party’s pleadings are vague and ambiguous, a motion to dismiss for failure to state a claim may f......
  • Double helix, double bind: factual innocence and postconviction DNA testing.
    • United States
    • University of Pennsylvania Law Review Vol. 151 No. 2, December 2002
    • December 1, 2002
    ...of frivolous actions in in forma pauperis proceedings). (105) Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 325-28 (106) Id. at 33. (107) Id. (quoting LORD BYRON, Canto XIV, in 3 BYRON'S DON JUAN 410, 455 (Truman Guy Steffan & Willis W. Pratt......
  • Request a trial to view additional results
3 provisions
  • Pennsylvania Bulletin, Vol 48, No. 03. January 20, 2018
    • United States
    • Pennsylvania Register
    • Invalid date
    ...A frivolous action or proceeding has been defined as one that ‘‘lacks an arguable basis either in law or in fact.’’ Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (2) If the petitioner commences the action by writ of summons, the court shall not act on the petition for l......
  • Pennsylvania Bulletin, Vol 52, No. 18. April 30, 2022
    • United States
    • Pennsylvania Register
    • Invalid date
    ...A frivolous action or proceeding has been defined as one that ‘‘lacks an arguable basis either in law or in fact.’’ Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (2) If the petitioner commences the action by writ of summons, the court shall not act on the petition for l......
  • Pennsylvania Bulletin, Vol 50, No. 32. August 8, 2020
    • United States
    • Pennsylvania Register
    • Invalid date
    ...A frivolous action or proceeding has been defined as one that ‘‘lacks an arguable basis either in law or in fact.’’ Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 THE COURTS 4027 PENNSYLVANIA BULLETIN, VOL. 50, NO. 32, AUGUST 8, 2020 (2) If the petitioner commences the a......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT