Ingram v. Booth

Background

Clifton Ingram applied to proceed without prepaying court fees. The court considered the federal statute governing proceedings by prisoners who cannot pay the initial partial filing fee. The court noted that an initial partial filing fee of $31.26 had been assessed and that Ingram had paid $20.00. It found that he had made a good-faith effort to pay and treated him as having no assets or means to pay the rest of that initial fee.

The complaint appeared to include claims alleging violations of constitutional rights against an individual identified as “Sgt. Booth.” The court explained that constitutional claims generally must be brought through 42 U.S.C. § 1983, a federal law that allows claims against certain state actors for violating federal rights. The court also explained that a § 1983 claim may be brought against an individual in an individual capacity, an official capacity, or both. That choice affects the relief available and how the defendant must be served.

Ruling

The court granted Ingram’s application to proceed without prepaying fees or costs. It ordered him to pay the remaining $330 of the action’s $350 statutory filing fee through the procedures required by 28 U.S.C. § 1915(b)(2). It also ordered the clerk to notify authorities at the facility where Ingram was confined about that payment obligation.

The court ordered Ingram to submit an addendum of no more than one page specifying the capacity or capacities in which he was suing Booth for purposes of any § 1983 claims. The addendum was due within 14 days of the order’s date. If Ingram did not submit it, the court would assume that he was suing Booth in Booth’s official capacity only. The order addressed fees, pleading clarification, and service-related matters; it did not resolve the merits of Ingram’s claims.