Castonguay v. Retelsdorf

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Appellant was convicted in Douglas County of first degree sexual assault. Appellant later filed a pro se complaint in Lancaster County under 42 U.S.C. 1983 against prosecutors, public defenders, and attorneys purportedly involved in the underlying criminal action. Appellant moved for leave to proceed in forma pauperis. The district court, acting sua sponte, objected that venue was not proper in Lancaster County and, on that basis, also objected to the motion to proceed in forma pauperis. The court then denied Appellant’s motion to proceed in forma pauperis, opining that if Appellant wished to proceed with the action in forma pauperis, he should make his request in Douglas County. The Supreme Court reversed, holding that because Iowa law does not permit denial of in forma pauperis based on a sua sponte objection to venue, the district court erred in denying Appellant in forma pauperis status on that basis. Remanded. View "Castonguay v. Retelsdorf" on Justia Law