Christians v. Young
4:20-cv-04083
| D.S.D. | Jun 2, 2025Background
- Mark Christians, a pro se prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983 against various South Dakota penal officials in individual and official capacities.
- The district court previously granted in part and denied in part a motion for summary judgment on Christians’ newly added claims and defendants.
- Christians filed an interlocutory appeal to the Eighth Circuit, challenging aspects of the order.
- The court ordered Christians either to pay the full $605 appellate filing fee or move for leave to proceed in forma pauperis (IFP) and submit a certified trust account statement.
- Christians timely moved for IFP status on appeal and, though his trust account statement was not initially in the record for this case, the court accepted one filed in a related case.
- The court evaluated his IFP application and decided the procedures for payment of the appellate fees in accordance with the Prison Litigation Reform Act (PLRA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Christians can proceed IFP on appeal | Qualifies under PLRA, appeal in good faith | PLRA requires full fee payment | Christians can proceed IFP, but must pay fees in installments |
| Method to calculate initial partial appellate fee | Should use available trust info | Fee calculation per PLRA statute | $73.00 based on average monthly balance |
| Adequacy of alternative trust account statement | Trust account in related case sufficient | Strict compliance with original order | Alternate statement accepted |
| Ongoing payment structure for filing fee | Should be allowed monthly installments | Full fee must be paid | Monthly 20% installment payments ordered |
Key Cases Cited
- Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997) (establishes procedure for assessing and collecting appellate filing fees under PLRA)
- In re Tyler, 110 F.3d 528 (8th Cir. 1997) (obligation to pay fees arises upon filing, regardless of payment method)
- Newlin v. Helman, 123 F.3d 429 (7th Cir. 1997) (prisoners must eventually pay appellate filing fees in full)
- McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (pauper status affects fee timing, not amount or obligation)