Larson v. Minnesota Sex Offender Program, the

Background

Hollis J. Larson, who is civilly committed under the Minnesota Sex Offender Program (MSOP), brought claims under 42 U.S.C. § 1983 against MSOP and its staff, alleging various forms of maltreatment at the facility. Larson represented himself. He moved for appointment of counsel.

Magistrate Judge Dulce Foster previously found that Larson’s amended complaint alleged a colorable basis for relief and allowed him to proceed without paying the filing fee in the district-court action. The magistrate judge denied his request for appointed counsel. The district court later affirmed that denial. Larson appealed that decision to the U.S. Court of Appeals for the Eighth Circuit and sought permission to proceed without paying the appellate filing fee.

Legal standard

Under federal law, a person who cannot afford the full filing fee may apply to proceed in forma pauperis, meaning without paying the fee. A person who was already allowed to proceed in that manner in the district court may generally continue to do so on appeal unless the district court determines that the appeal was not taken in good faith.

Ruling

The court determined that Larson’s appeal was taken in good faith. Because the prior approval provision applied, Larson did not need further authorization to proceed without paying the appellate filing fee. The court therefore granted Larson’s Motion for Leave to Appeal In Forma Pauperis.

The order addressed only the filing-fee issue. It did not decide the merits of Larson’s underlying claims or the merits of his appeal.