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90-1846.ZS
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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
DENTON, DIRECTOR OF CORRECTIONS OF CALI-
FORNIA, et al. v. HERNANDEZ
certiorari to the united states court of appeals for
the ninth circuit
No. 90-1846. Argued February 24, 1992-Decided May 4, 1992
Respondent Hernandez, a prisoner proceeding pro se, filed five civil
rights suits in forma pauperis against petitioner California prison
officials, alleging, inter alia, that he was drugged and homosexually
raped 28 times by various inmates and prison officials at different
institutions. Finding that the facts alleged appeared to be wholly
fanciful, the District Court dismissed the cases under 28 U.S.C.
1915(d), which allows courts to dismiss an in forma pauperis
complaint ``if satisfied that the action is frivolous.'' Reviewing the
dismissals de novo, the Court of Appeals reversed and remanded
three of the cases. The court's lead opinion concluded that a court
can dismiss a complaint as factually frivolous only if the allegations
conflict with judicially noticeable facts and that it was impossible to
take judicial notice that none of the alleged rapes occurred; the
concurring opinion concluded that circuit precedent required that
Hernandez be given notice that his claims were to be dismissed as
frivolous and a chance to amend his complaints. The Court of
Appeals adhered to these positions on remand from this Court for
consideration of the Court's intervening decision in Neitzke v. Wil-
liams, 490 U.S. 319, which held that an in forma pauperis com-
plaint ``is frivolous [under 1915(d)] where it lacks an arguable basis
either in law or in fact,'' id., at 325.
Held:
1.The Court of Appeals incorrectly limited the power granted the
courts to dismiss a frivolous case under 1915(d). Section 1915(d)
gives the courts ``the unusual power to pierce the veil of the com-
plaint's factual allegations and dismiss those claims whose factual
contentions are clearly baseless.'' Id., at 327. Thus, the court is not
bound, as it usually is when making a determination based solely on
the pleadings, to accept without question the truth of the plaintiff's
allegations. However, in order to respect the congressional goal of
assuring equality of consideration for all litigants, the initial assess-
ment of the in forma pauperis plaintiff's factual allegations must be
weighted in the plaintiff's favor. A factual frivolousness finding is
appropriate when the facts alleged rise to the level of the irrational
or the wholly incredible, whether or not there are judicially notice-
able facts available to contradict them, but a complaint cannot be
dismissed simply because the court finds the allegations to be improb-
able or unlikely. The ``clearly baseless'' guidepost need not be defined
with more precision, since the district courts are in the best position
to determine which cases fall into this category, and since the
statute's instruction allowing dismissal if a court is "satisfied" that
the complaint is frivolous indicates that the frivolousness decision is
entrusted to the discretion of the court entertaining the complaint.
Pp.5-7.
2.Because the frivolousness determination is a discretionary one,
a 1915(d) dismissal is properly reviewed for an abuse of that
discretion. It would be appropriate for a court of appeals to consider,
among other things, whether the plaintiff was proceeding pro se,
whether the district court inappropriately resolved genuine issues of
disputed fact, whether the court applied erroneous legal conclusions,
whether the court has provided a statement explaining the dismissal
that facilitates intelligent appellate review, and whether the dismissal
was with or without prejudice. With respect to the last factor, the
reviewing court should determine whether the district court abused
its discretion by dismissing the complaint with prejudice or without
leave to amend if it appears that the allegations could be remedied
through more specific pleading, since dismissal under 1915(d) could
have a res judicata effect on frivolous determinations for future in
forma pauperis petitions. This Court expresses no opinion on the
Court of Appeals' rule that a pro se litigant bringing suit in forma
pauperis is entitled to notice and an opportunity to amend the
complaint to overcome any deficiency unless it is clear that no
amendment can cure the defect. Pp.7-9.
929 F.2d 1374, reversed and remanded.
O'Connor, J., delivered the opinion of the Court, in which Rehn-
quist, C. J., and White, Scalia, Kennedy, Souter, and Thomas, JJ.,
joined. Stevens, J., filed a dissenting opinion, in which Blackmun, J.,
joined.