Mersades Seward v. Ada County; Ada County Sheriff's Office; Shelley Barney; Ben Lee; and Does I-V

Summary

The United States District Court for the District of Idaho reviews Mersades Seward’s application to proceed in forma pauperis and her civil rights complaint under 28 U.S.C. § 1915. The court orders Seward to supplement her application with detailed monthly income and categorized expenses, finding that the existing submission does not establish indigency. The court finds that her claims concerning an allegedly wrongful arrest, warrant, and seven-day detention are legally sufficient to survive initial screening, but permits the case to proceed only after resolving the filing-fee issue.

Holdings

1. The application was insufficient because it did not identify Seward's monthly income or categorized monthly expenses with enough particularity to establish indigence. The court ordered her to supplement the application with that information.
2. The complaint survived initial review because its allegations plausibly stated claims under § 1983 and did not appear frivolous or malicious or seek monetary relief from an immune defendant.

Questions Presented

1. Whether Seward's in forma pauperis application sufficiently established her inability to pay the filing fee.
2. Whether Seward's § 1983 complaint was frivolous or malicious, failed to state a plausible claim, or sought monetary relief from an immune defendant under 28 U.S.C. § 1915(e)(2).

Disposition

other