No. 22-5171

Rebekah Werth v. Stuart Police Department, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-07-25
Status: Denied
Type: IFP
IFP
Tags: access-to-justice civil-rights court-procedure due-process equal-access in-forma-pauperis indigent-plaintiff legal-standards pro-se standing sua-sponte-dismissal
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Do the sua sponte dismissals by the lower courts under the in forma pauperis statute 28 U.S.C. § 1915 (e) (2) (B), in which the reviewing court merely substituted the "frivolous " subsection (ii) for the "failure to state a claim " subsection (i), directly conflict with this Court 's precedents regarding the merging of the "failure to state a claim " and "frivolous " standards?

2. Do sua sponte dismissals of in forma pauperis and pro se complaints bar meaningful access to the justice system to the most vulnerable members of society and defy Congress ' alleged intent in enacting the in forma pauperis statute, 28 U.S.C. § 1915 (e) (2) (B), to afford indigent individuals equal access to justice?

Question Presented (AI Summary)

Do the sua sponte dismissals by the lower courts under the in forma pauperis statute 28 U.S.C. § 1915 (e) (2) (B), in which the reviewing court merely substituted the 'frivolous' subsection (ii) for the 'failure to state a claim' subsection (i), directly conflict with this Court's precedents regarding the merging of the 'failure to state a claim' and 'frivolous' standards?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-08
DISTRIBUTED for Conference of 9/28/2022.
2022-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2022)

Attorneys

Rebekah Werth
Rebekah Werth — Petitioner