McGee v. Alameda County Sheriff Department

Background

Anthony McGee’s complaint alleged that Alameda County deputies unlawfully arrested and assaulted him without reasonable suspicion or probable cause, in violation of 42 U.S.C. § 1983. The complaint stated that McGee was later charged with resisting arrest.

The court previously dismissed the complaint with leave to amend because McGee had not alleged how the resisting-arrest charge or criminal case had been resolved. The court also found that the complaint did not plausibly allege that McGee suffered a civil-rights deprivation resulting from a policy, custom, or practice of the Alameda County Sheriff Department. McGee did not file an amended complaint, and the case was dismissed without prejudice under Federal Rule of Civil Procedure 41(b).

In Forma Pauperis Referral

During McGee’s pending appeal, the Ninth Circuit referred the matter to the district court to decide whether McGee’s prior status allowing him to proceed without paying court fees should continue, or whether the appeal was frivolous or taken in bad faith.

Under the cited rules and statute, a person seeking to appeal without paying fees must provide information about inability to pay, entitlement to relief, and the issues intended for appeal. Even when a person cannot afford the fees, the appeal may not proceed without payment if the trial court certifies that it is not taken in good faith. The opinion states that an appeal is taken in good faith when it seeks review of a non-frivolous issue, and that an issue is frivolous when it has no arguable basis in fact or law.

Ruling

The court revoked McGee’s in forma pauperis status. It found that McGee had not presented a non-frivolous claim despite having ample opportunity to do so. The Clerk was requested to forward the order to the Ninth Circuit in Case No. 24-7593.