U.S. Court of Appeals for the Ninth Circuit
Jesse J. Calhoun v. Donald N. Stahl James Brazelton
Jesse J. Calhoun, Plaintiff-Appellant v. Donald N. Stahl; James Brazelton, Defendants-Appellees
254 F.3d 845 · 2001 Daily Journal DAR 6269 · 2001 Cal. Daily Op. Serv. 5086
Decided June 20, 2001
Good LawGood law: 101 citing cases carry treatments with no negative treatment.
Summary
The Ninth Circuit affirmed the denial of Calhoun’s application to proceed in forma pauperis because his complaint sought monetary relief for conduct by defendants immune from suit. It also held that the relevant dismissal provision applies to civil detainees, even though some other provisions of the Prison Litigation Reform Act do not.
Holdings
- Whether the district court properly denied leave to proceed in forma pauperis based on the complaint’s claims against immune defendants.. The district court properly denied in forma pauperis status because Calhoun sought monetary relief for employment-related actions by defendants immune from suit, and the statute requires dismissal of such proceedings. 845
- Whether 28 U.S.C. § 1915(e)(2)(B) applies to civil detainees.. Section 1915(e)(2)(B) is not limited to prisoners and applies to civil detainees. 845
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How later courts treated this case
1,084 opinions cite this case
Cited
Jason Davis v. H.d.s.p.. The opinion cites Calhoun v. Stahl when discussing dismissal standards for pro se pleadings.
Cited
Arlene M. v. Frank J. Bisignano. citing Calhoun for applicability of §1915(e)
Cited
Henry v. Arizona Board of Regents. Section 1915(e) “applies to all in forma pauperis complaints, not just those filed by prisoners.”
Cited
Kenneth R. Henry v. Catholic Charities. Cited to support the court’s jurisdiction to screen the complaint.
Cited
Tamisha Lewis-Junge v. Hiland Mountain Correctional Center. The opinion cites the decision in support of applying the screening statute beyond prisoners.
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In this case
Opinion of the Court
We review denial of leave to proceed in forma pauperis for an abuse of discretion. Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir.1998) (per curiam). Because Calhoun’s complaint sought monetary relief for actions taken in the course of employment by persons who are immune from suit, the district court properly denied in forma pauperis status. See Bogan v. Scott-Harris, 523 U.S. 44, 49, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998) (legislators); Ashelman v. Pope, 793 F.2d 1072, 1075-76 (9th Cir.1986) (en banc) (judges and prosecutors).
Although Calhoun correctly contends that portions of the Prison Litigation Reform Act are not applicable to civil detainees, see Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000), the provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners, cf. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). The district court therefore properly concluded that Calhoun’s complaint should not be allowed to proceed. See 28 U.S.C. § 1915(e)(2)(B)(ni) (requiring dismissal of in forma pauperis proceedings that seek monetary relief against immune defendants).
We have considered Calhoun’s remaining contentions and deny them as lacking merit.
AFFIRM1ED.
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