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NEITZKE v. WILLIAMS

No. 87-1882.

490 U.S. 319 (1989)

NEITZKE ET AL. v. WILLIAMS

Supreme Court of United States.

Decided May 1, 1989

Attorney(s) appearing for the Case

Robert S. Spear argued the cause for petitioners. With him on the briefs was Linley E. Pearson, Attorney General of Indiana, and David A. Nowak, Deputy Attorney General.

George A. Rutherglen, by appointment of the Court, 488 U.S. 939, argued the cause and filed a brief for respondent.

JUSTICE MARSHALL delivered the opinion of the Court.

The question presented is whether a complaint filed in forma pauperis which fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) is automatically frivolous within the meaning of 28 U. S. C. § 1915(d). The answer, we hold, is no.

I

On October 27, 1986, respondent Harry Williams, Sr., an inmate in the custody of the Indiana Department of Corrections, filed a complaint...

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