Crisafi v. Holland

• Decision Date: 17 June 1981
• Docket Number: No. 81-1315,81-1315
• Citation: 655 F.2d 1305
• Parties: Salvatore G. CRISAFI, Appellant, v. George E. HOLLAND, et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 1305

655 F.2d 1305

211 U.S.App.D.C. 75

Salvatore G. CRISAFI, Appellant, v. George E. HOLLAND, et al.

No. 81-1315.

United States Court of Appeals District of Columbia Circuit.

June 17, 1981.

Before WRIGHT, WALD and GINSBURG, Circuit Judges.

PER CURIAM.

This is an appeal from dismissal of a pro se prisoner's in forma pauperis civil action. To secure the just and effective processing of similar cases filed in forma pauperis pursuant to 28 U.S.C. § 1915, ¹ we present in this opinion guides for district court adjudication.

Salvatore Crisafi, currently a federal penitentiary inmate, complains in this action of alleged deprivations of his constitutional right to meaningful access to courts. He asserts, inter alia, that correction officials arbitrarily curtailed his use of a law library, and denied his requests for writing paper, envelopes, and stamps. The district court granted him leave to file his pro se complaint without prepayment of costs. Simultaneously, the court dismissed the complaint, endorsing on the pleading "Dismissed 28 USC 1915(d)." ² The court noted in the margin the civil action numbers of six cases Crisafi had filed in the past three years. No further explanation was provided. The district court then denied leave to appeal in forma pauperis, certifying without a statement of reasons that Crisafi's challenge was "frivolous and not taken in good faith." ³

We conclude that Crisafi has stated a claim for relief not susceptible to threshold dismissal. We therefore grant him leave to appeal in forma pauperis, reverse the dismissal of his complaint, and remand the case to the district court for further proceedings consistent with this opinion.

28 U.S.C. § 1915(a) permits federal courts to authorize the maintenance of an action without prepayment of fees and costs ("in forma pauperis" ) by a person "who makes (an) affidavit that he is unable to pay such costs or give security therefor." This provision ⁴ "is intended to guarantee that no citizen shall be denied an opportunity to commence, prosecute, or defend an action, civil or criminal, 'in any court of the United States' solely because his poverty makes it impossible for him to pay or secure the costs." Adkins v. E. I. DuPont de Nemours & Co., 335 U.S. 331, 342, 69 S.Ct. 85, 90, 93 L.Ed.2d 43 (1948).

At the same time, Congress stipulated that a court may dismiss an in forma pauperis proceeding if satisfied that the action is "frivolous or malicious." 28 U.S.C. § 1915(d). Section 1915(d), however, provides no basis for "cursory treatment of meritorious complaints." McTeague v. Sosnowski, 617 F.2d 1016, 1019 (3d Cir. 1980). Discretion to dismiss "may not be exercised arbitrarily and is limited ... in every case by the language of the statute itself which restricts its application to complaints found to be 'frivolous or malicious.' " Boyce v. Alizaduh, 595 F.2d 948, 951 (4th Cir. 1979).

The district court did not state on what basis it found Crisafi's complaint frivolous or malicious and did not supply the statement of reasons required by Rule 24(a), Fed.R.App.P., in denying leave to proceed on appeal in forma pauperis. ⁵ We therefore set out below illustrative situations in which an in forma pauperis pleading properly may be dismissed as "frivolous or malicious," and state why immediate dismissal of Crisafi's complaint was unwarranted.

"In determining whether a particular ... complaint is frivolous or malicious under Section 1915(d), the threshold issue for the trial court is an assessment of the substance of the claim presented, i. e., is there a factual and legal basis ... for the asserted wrong, however inartfully pleaded." Watson v. Ault, 525 F.2d 886, 892 (5th Cir. 1976). See Collins v. Hladky, 603 F.2d 824, 825 (10th Cir. 1979). A complaint must indicate facts in support of its conclusions. ⁶ In Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976), for example, the Supreme Court held that "(i)n order to state a cognizable claim (of medical mistreatment under the Eighth Amendment), a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." A court may dismiss as frivolous complaints reciting bare legal conclusions with no suggestion of supporting facts, or postulating events and circumstances of a wholly fanciful kind. ⁷ Similarly, "(a) complaint conflicting with facts of which the district court may take judicial notice might also properly be dismissed under Section 1915(d)." Taylor v. Gibson, 529 F.2d 709, 717 (5th Cir. 1976).

A pro se complaint, like any other, must present a claim upon which relief can be granted by the court. For example, prisoner complaints alleging only "extremely minor inconveniences without any allegations of purposeful discrimination, malicious intent or denial of process seriously believed to be due" do not state a claim of cruel and unusual punishment under the Eighth Amendment. Sparks v. Fuller, 506 F.2d 1238, 1239 (1st Cir. 1974) (complaints requesting injunctive relief to prevent eviction of prisoners' pet cats, to require certain kinds and quantities of clothing, and to direct repair of a toilet out of order for three days properly dismissed as frivolous). For further illustrations, see French v. Butterworth, 614 F.2d 23 (1st Cir.) (complaint alleged constitutionally protected property interest in running health food dealership in prison), cert. denied, 446 U.S. 942 (1980); and Pitts v. Griffin, 518 F.2d 72 (8th Cir. 1975) (compliant against prison authorities for confiscation of multifrequency radio pursuant to prison regulations limiting radio use to AM frequency). Complaints of this genre, while they may be voiced within the prison system, are not appropriate fare for federal court resolution.

The named defendant must be amenable to suit. An in forma pauperis complaint is properly dismissed as frivolous prior to service of process if it is clear from the face of the pleading that the named defendant is absolutely immune from suit on the claims asserted. See Moore v. Burger, 655 F.2d 1265 (D.C.Cir. 1981) (complaint against four Justices of Supreme Court for creating judicial precedents alleged to deny plaintiff his constitutional rights properly dismissed as frivolous); Johnson v. Reagan, 524 F.2d 1123 (9th Cir. 1975) (claims against legislators and judges properly dismissed as frivolous).

However, a unanimous Supreme Court has admonished that pro se in forma pauperis complaints must be read with tolerance: Dismissal is impermissible unless the court can say "with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' " Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972), quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957), reaffirmed in Estelle, 429 U.S. at 106, 97 S.Ct. at 292. ⁸ The Fifth Circuit has cautioned: (J)udges must balance their misgivings and skepticism about the usual § 1983 prisoner suit against the cold knowledge that in certain instances injustices to prisoners occur in jails and prisons, some of which violate constitutional mandates.... (I)t is the responsibility of the courts to be sensitive to possible abuses in order to ensure that prisoner complaints, particularly pro se complaints, are not dismissed prematurely, however unlikely the set of facts postulated.

Taylor, 529 F.2d at 713. It has been held improper to dismiss, prior to service of process, a complaint that alleges violation of a prisoner's right to protection from assault by other prisoners, Cline v. Herman, 601 F.2d 374 (8th Cir. 1979); inaction that would constitute deliberate indifference to serious medical needs, United States ex rel. Walker v. Fayette County, 599 F.2d 573 (3d Cir. 1979); and punishment of a prisoner, without a hearing or notice of charges, by placement in isolation, denial of access to religious services, recreational activities, the law library, and his law books, denial of correspondence and visitation privileges, and confiscation of personal property, Ibarra v. Olivarri, 587 F.2d 677 (5th Cir. 1979).

Section 1915(d) also authorizes immediate dismissal of a complaint appropriately characterized as malicious. A complaint that threatens violence or that contains disrespectful references to the court falls in this category. Cf. Theriault v. Silber, 574 F.2d 197 (5th Cir. 1978) (striking notice of appeal containing disrespectful and impertinent references to the trial judge), cert. denied, 440 U.S. 917, 99 S.Ct. 918, 59 L.Ed.2d 468 (1979).

A complaint plainly abusive of the judicial process is properly typed malicious. "(N)o one, rich or poor, is entitled to abuse the judicial process." Hardwick v. Brinson, 523 F.2d 798, 800 (5th Cir. 1975). A complaint that merely repeats pending or previously litigated claims may be considered abusive, and a court may look to its own records to determine whether a pleading repeats prior claims. See, e. g., Van Meter v. Morgan, 518 F.2d 366 (8th Cir.) (affirming dismissal based on finding by district court that a prior complaint, then pending, was based on same conduct by same defendant), cert. denied, 423 U.S. 896, 96 S.Ct. 198, 46 L.Ed.2d 129 (1975); Duhart v. Carlson, 469 F.2d 471 (10th Cir. 1972) (approving trial court's dismissal of a complaint, prior to service of process, on the ground that the plaintiffs sought to relitigate issues already litigated), cert. denied, 410 U.S. 958, 93 S.Ct. 1431, 35 L.Ed.2d 692 (1973). For flagrant examples of abusive resort to the courts, see Carter v. Telectron, Inc., 452 F.Supp. 944 (S.D.Tex.1977) in which the plaintiff (who had commenced 178 actions across the country in 15 years) had filed duplicative suits simultaneously in several co...