Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 3 (1993)

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196

ROWLAND v. CALIFORNIA MEN'S COLONY, UNIT II MEN'S ADVISORY COUNCIL

Opinion of the Court

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, and Scalia, JJ., joined. Kennedy, J., filed a dissenting opinion, post, p. 212. Thomas, J., filed a dissenting opinion, in which Blackmun, Stevens, and Kennedy, JJ., joined, post, p. 212.

James Ching, Supervising Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Kenneth C. Young, Assistant Attorney General, and Joan W. Cavanagh, Supervising Deputy Attorney General.

Charles D. Weisselberg argued the cause for respondent. With him on the briefs were Michael J. Brennan, Dennis E. Curtis, and Denise Meyer.

Justice Souter delivered the opinion of the Court.

Title 28 U. S. C. § 1915, providing for appearances in forma pauperis, authorizes federal courts to favor any "person" meeting its criteria with a series of benefits including dispensation from the obligation to prepay fees, costs, or security for bringing, defending, or appealing a lawsuit. Here, we are asked to decide whether the term "person" as so used applies to the artificial entities listed in the definition of that term contained in 1 U. S. C. § 1. We hold that it does not, so that only a natural person may qualify for treatment in forma pauperis under § 1915.

I

Respondent California Men's Colony, Unit II Men's Advisory Council (Council), is a representative association of prison inmates organized at the behest of one of the petitioners, the Warden of the Colony, to advise him of complaints and recommendations from the inmates, and to communicate his administrative decisions back to them. The general prison population elects the Council's members.

In a complaint filed in the District Court in 1989, the Council charged the petitioners, state correctional officers, with

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