Harris v. Taylor, City of
2:24-cv-13458
E.D. Mich.Apr 14, 2025Background
- Karlos Latwian Harris filed suit against the City of Taylor, a local judge, police trooper, and other city officials.
- Harris sought to proceed in forma pauperis (without paying court fees), claiming he individually had no assets, as they were held in a trust or LLC in his name.
- He also requested the court to order the U.S. Marshals to serve process on the defendants.
- The court reviewed Harris's affidavit and considered whether he qualified as indigent under federal law.
- The court addressed whether Harris's assertion about asset ownership (via trust/LLC) was sufficient to justify fee waiver and marshal service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proceeding in forma pauperis | Harris claims no personal assets and cannot afford fees | No brief noted; court reviews facts | Denied: Plaintiff has access to trust/LLC |
| Order U.S. Marshals to serve process | Fee waiver should entitle him to marshal service | No brief noted; court reviews circumstances | Denied: Not entitled due to fee waiver denial |
| Sufficiency of affidavit of indigence | Maintains all personal assets are legally separate from him | No brief noted | Denied: Does not show inability to pay |
| Use of trust/LLC to avoid fees | Asserts operation of trust/LLC restricts access to assets | Court questions validity | Denied: Court finds assets could be used |
Key Cases Cited
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948) (establishes that in forma pauperis status is for those who cannot pay fees and still provide necessities of life)
- Phipps v. King, 866 F.2d 824 (6th Cir. 1988) (court has discretion in granting or denying in forma pauperis applications)
