In Forma Pauperis

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7^th Circuit Court of Appeals

Case Name: Jordan Whitaker v. Michael Dempsey

Case No.: 23-1086

Officials: Wood, Circuit Judge

Focus: In Forma Pauperis

Whitaker, an inmate incarcerated in Illinois, had a total of $573 in his possession when he submitted a notice of appeal for his Section 1983 lawsuit. Subsequently, he spent a significant portion of his funds on items from the prison commissary and postage expenses. The district court denied his request to proceed in forma pauperis under 28 U.S.C. 1915(a)(1).

However, the Seventh Circuit reversed this decision. They determined that the district court did not adequately consider the Prison Litigation Reform Act (PLRA) requirement to strike a balance between the necessity of collecting fees and a prisoner’s discretionary use of their funds. The PLRA mandates a specific approach, involving the application of a statutory formula and the collection of an initial partial filing fee, followed by subsequent fee payments in installments. In Whitaker’s case, he possessed sufficient funds to cover the full fees when they came due, and he received notice to that effect from the court. Nevertheless, the statute does not require prisoners to prioritize their filing fees above all other expenses.

Setting the threshold for in forma pauperis eligibility solely based on the ability to pay the entire fee could result in peculiar and unintended consequences. There was no evidence to suggest that Whitaker intentionally depleted his account to evade payment. Thus, Whitaker should be allowed to prepay the required portion of the fee, as envisioned by Congress, with the remainder to be collected from his future income.

Reversed

Decided 10/10/23

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