Crump v. Minnesota Department of Corrections

Background

Plaintiff Willie James Crump, a prisoner, filed a civil complaint against the Minnesota Department of Corrections, Tracy Beltz, and Paul Schnell. He also filed an application to proceed without prepaying the full filing fee (known as in forma pauperis, or IFP, status). Because Crump is a prisoner, his IFP application is governed by 28 U.S.C. § 1915(b), which does not allow prisoners to skip the filing fee entirely — it instead requires payment of an initial partial filing fee followed by installment payments until the full fee is paid.

Initial Partial Filing Fee Calculation

Under 28 U.S.C. § 1915(b)(1), the initial partial filing fee for a prisoner is 20 percent of the greater of: (1) the average monthly deposits to the prisoner's facility trust account during the six months before the complaint was filed, or (2) the average monthly balance in that account during the same period. Crump's submitted materials showed average monthly deposits of $110.99 and an average balance (for part of the period) of $73.21. Because the deposits figure is higher, the court applied 20 percent to $110.99, arriving at an initial partial filing fee of $22.19.

The court noted that Crump may have been transferred between facilities during the relevant period and declined to require him to produce account records from other facilities.

Order and Consequences of Non-Payment

The court ordered Crump to pay $22.19 within 21 days of March 19, 2026. If he fails to pay, the court stated it will recommend dismissing the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

If Crump does pay, he will still owe the remaining $327.91 of the $350.00 statutory filing fee, to be collected in installments from his prison trust account regardless of how the case ultimately ends.

Warnings About the Complaint's Viability

The court issued a notable footnote warning Crump about serious weaknesses in his complaint before he commits funds to the litigation:

- Eleventh Amendment sovereign immunity: The Minnesota Department of Corrections is described as completely shielded from suit under the Eleventh Amendment, which generally bars federal lawsuits against state government entities. - Personal involvement requirement: The complaint allegedly fails to allege that individual defendants Tracy Beltz and Paul Schnell were personally involved in any of the claimed constitutional deprivations — a strict requirement for civil-rights claims. - Legally barred theories: The court identified several specific theories likely barred as a matter of law, including claims under the Prison Rape Elimination Act (which the court notes does not give prisoners a private right to sue) and challenges to what the court describes as legally authorized prison wage deductions.

The court also stated that upon payment of the fee, it would conduct a mandatory screening review of the complaint to determine whether it states a viable claim. If the complaint is found frivolous, malicious, or legally insufficient, Crump could receive a "strike" under 28 U.S.C. § 1915(g). Accumulating three strikes significantly restricts a prisoner's ability to proceed IFP in future federal cases.

Disposition

The court ordered Crump to pay the $22.19 initial partial filing fee within 21 days. If he does not pay, the court stated it will recommend dismissal without prejudice for failure to prosecute.