Battle v. Chicago Police Department

Illinois Appellate Court
Civil Court
Fee Waiver
Citation
Case Number: 
2022 IL App (1st) 200083
Decision Date: 
Thursday, April 14, 2022
District: 
1st Dist.
Division/County: 
4th Div./Cook .Co.
Holding: 
Reversed in part, vacated in part, remanded with directions.
Justice: 
MARTIN

Plaintiff filed a civil complaint and an application for waiver of court fees pursuant to SCR 298. The circuit court denied plaintiff’s application on the basis that his complaint did not state a claim upon which relief could be granted and, when plaintiff was unable to pay the court fees, the court dismissed his complaint. Plaintiff appealed, arguing the trial court improperly denied his application for waiver of court fees. The appellate court held that the substance of the complaint was not a proper basis for denying plaintiff’s application and that plaintiff met the applicable statutory criteria for the waiver as an indigent person. (LAMPKIN and ROCHFORD, concurring)