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Rowland v. California Men's Colony, Unit II Men's Advisory Council

506 U.S. 194, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993)

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Rowland v. California Men’s Colony, Unit II Men’s Advisory Council

United States Supreme Court
506 U.S. 194, 113 S. Ct. 716, 121 L. Ed. 2d 656 (1993)

Facts

The California Men’s Colony, Unit II Men’s Advisory Council (the council) (defendant) filed a complaint in federal district court, alleging that James Rowland and other state correctional officers (collectively, the correctional officers) (plaintiffs) violated the Eighth and Fourteenth Amendments because they stopped providing free tobacco to indigent inmates. The council made a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a), which provided any person meeting certain criteria with an exemption from prepaying the fees and costs typically associated with a lawsuit. Section 1915(a) required an affidavit indicating an inability to pay, which § 1915(d) referred to as an “allegation of poverty.” Additionally, under§ 1915(d), “the court may request an attorney” for a person proceeding in forma pauperis. Under the Dictionary Act, 1 U.S.C. § 1, “person” includes “associations,” “unless the context indicates otherwise.” The district court denied the council’s motion for failure to show that it was destitute. The Ninth Circuit reversed, and the correctional officers appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Souter, J.)

Dissent (Thomas, J.)

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