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Harris v. Taylor, City of
2:24-cv-13458
E.D. Mich.
Apr 14, 2025
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Background

  • 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)
Read the full case

Case Details

Case Name: Harris v. Taylor, City of
Court Name: District Court, E.D. Michigan
Date Published: Apr 14, 2025
Docket Number: 2:24-cv-13458
Court Abbreviation: E.D. Mich.