Dempsey v. Martin
Headline: Court denies free filing status to a repeat pro se filer, calls his civil petitions frivolous, and bars new noncriminal filings unless he pays fees and follows filing rules.
Holding: The Court denied free filing status, found the petitioner’s civil filings frivolous, and barred further noncriminal petitions unless he pays fees and follows filing rules.
- Denies free filing status for the repeat filer.
- Blocks new noncriminal petitions unless fees are paid and rules followed.
- Frees Court resources for other petitioners by restricting abuse.
Summary
Background
A person representing himself, Dempsey, asked the Court for permission to proceed without paying filing fees. The Court’s docket shows many earlier filings by him that were ruled frivolous — requests to have the Court review lower-court decisions or to seek extraordinary relief. The Justices note past orders from 1992 and subsequent petitions, bringing his total number of frivolous civil filings to nineteen.
Reasoning
The core question was whether Dempsey should still be allowed to file in federal court without paying fees, given his long history of frivolous filings. The Court found he had abused the process by repeatedly filing meritless petitions. Relying on the Court’s prior approach to repeat filers, the Justices denied his request for free filing status, required him to pay docketing fees and follow the Court’s filing format by November 2, 1999, and ordered that new noncriminal petitions from him be refused unless those conditions are met. The Court limited its sanction to noncriminal matters and explicitly left open his ability to challenge criminal sanctions.
Real world impact
Practically, Dempsey cannot bring new civil or noncriminal petitions to the Court without first paying the required fees and complying with filing rules. The Court framed the order as a way to protect its limited time and resources for litigants who have not abused the system. The ruling is a procedural sanction, not a judgment on any single underlying legal issue, and it does not bar criminal challenges.
Dissents or concurrances
Justice Stevens dissented, referring to his earlier views in a related repeat-filer case, and stated his respectful disagreement with the Court’s action.
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