United States Ninth Circuit

In a sexual harassment and discrimination action under Title VII, the district court's judgment is reversed where it erred by: 1) dismissing the action as untimely, because for the ninety-day filing limit set forth in 42 U.S.C. section 2000e-5(f)(1), the filing date of a complaint is the date it is delivered to the court clerk, whether it is submitted with or without an in forma pauperis application; and 2) denying the application to proceed in forma pauperis, because it is an abuse of discretion to deny an in forma pauperis application based upon a spouse's financial resources, unless there is a reasonable inquiry into (a) whether the spouse's resources are actually available to the would-be plaintiff and (b) whether the spouse in fact has sufficient funds, given his or her own expenses, to assist in paying the fee.

Appellate Information

• Decided 06/04/2015
• Published 06/04/2015

Judges

• PONSOR

Court

• United States Ninth Circuit

Counsel