Summary

Thurgood Marshall In Re Michael Sindram — Dissenting Opinion

Some of our in forma pauperis filings are made by destitute or emotionally troubled individuals. As we struggle to resolve vexing legal issues of our day, it is tempting to feel put upon by prolific litigants who temporarily divert our attention from these issues. In my view, however, the minimal annoyance these litigants might cause is well worth the cost. Our longstanding tradition of leaving our door open to all classes of litigants is a proud and decent one worth maintaining.
Source: Wikisource

Thurgood Marshall In Re Michael Sindram — Dissenting Opinion

In my view, however, the Court's worries about the threats that hyperactive in forma pauperis litigants like Sindram pose to our ability to manage our docket are greatly exaggerated and do not support the penalty that the Court imposes upon him. We receive countless frivolous in forma pauperis filings each year, and, as a practical matter, we identify and dispense with them with ease. Moreover, indigent litigants hardly corner the market on frivolous filings. We receive a fair share of frivolous filings from paying litigants.
Source: Wikisource

Thurgood Marshall In Re Michael Sindram — Dissenting Opinion

As Justice Brennan warned, "if . . . we continue on the course we chart today, we will end by closing our doors to a litigant with a meritorious claim." In re McDonald, supra, 489 U.S., at 187, 109 S.Ct., at 998. By closing our door today to a litigant like Michael Sindram, we run the unacceptable risk of impeding a future Clarence Earl Gideon.
Source: Wikisource

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