A Sunny Deposition: How the 'In Forma Pauperis' Statute Provides an Avenue for Indigent Prisoners to Seek Depositions without Accompanying Fees

Abstract

Medical care for the incarcerated is abysmal. And prison officials rarely have to answer for the lack of care, even when prisoners challenge the officials in court. One reason why prisoners are unsuccessful in litigating their claims that prison officials are deliberately indifferent to their serious medical needs results from an inability to prove their claims. Courts have required indigent and unrepresented prisoners to provide expert evidence that proves denied or delayed medical care had a detrimental effect to their health. But how can indigent and unrepresented prisoners obtain expert evidence from a prison cell? This Article explains how courts can provide free depositions to indigent prisoners through the federal in forma pauperis statute.

Keywords: In Forma Pauperis, Indigent Prisoners, Deliberate Indifference, Waiver of Deposition Fees