Davis v. Advocate Health Center Patient Care Express
523 F.3d 681, 91 Empl. Prac. Dec. (CCH) 43,176, 184 L.R.R.M. (BNA) 2048 (2008)
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Rule of Law:
The provision in the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4323(h)(1), stating that '[n]o fees or court costs may be charged or taxed,' exempts a veteran plaintiff from the prepayment of initial court filing fees.
Facts:
- Robert Davis is a Vietnam veteran.
- In the spring of 2007, Advocate Health Center hired Davis as an answering service agent.
- Advocate Health Center fired Davis before he completed the probationary phase of his employment.
- Davis believed that Advocate Health Center terminated his employment because of his prior military service.
Procedural Posture:
- Robert Davis sued Advocate Health Center in federal district court, alleging a violation of USERRA.
- Contemporaneously, Davis filed a motion to waive the filing fee pursuant to 38 U.S.C. § 4323(h)(1).
- The district court denied Davis's motion, ruling that the USERRA provision did not cover filing fees.
- The court ordered Davis to pay the fee within 25 days, stating that failure to do so would result in dismissal of his suit.
- Davis did not pay the fee, and after the deadline passed, he filed a notice of appeal.
- The district court never issued a formal order of dismissal.
- The case is now before the U.S. Court of Appeals for the Seventh Circuit, with Davis as the appellant and Advocate Health Center as the appellee.
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Issue:
Does the provision in the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4323(h)(1), which states that 'no fees or court costs may be charged or taxed,' exempt a plaintiff from prepaying the initial court filing fee required to commence a lawsuit?
Opinions:
Majority - Kanne, Circuit Judge.
Yes. The Uniform Services Employment and Reemployment Rights Act (USERRA) exempts a litigant from prepaying the initial filing fee. The court reasoned that USERRA must be construed liberally in favor of veterans. The plain language of 38 U.S.C. § 4323(h)(1) broadly forbids charging 'any' fees and court costs, which is not limited to only post-judgment costs awarded to a prevailing defendant. The district court erred in believing that filing fees are not included in 'fees and costs,' as another federal statute, 28 U.S.C. § 1920(1), explicitly lists 'fees of the clerk' as taxable costs. The court also noted that Congress has enacted similar fee-waiver statutes for service members in other contexts, and the Supreme Court's own rules provide a procedure for veterans to proceed without prepaying fees, reinforcing the interpretation that USERRA provides the same protection.
Analysis:
This decision clarifies a significant procedural right for veterans under USERRA, establishing that the statute's fee waiver applies to the initial filing fee, not just post-litigation costs. By doing so, the ruling lowers the financial barrier for service members seeking to vindicate their employment rights in federal court, reinforcing the broad, remedial purpose of the Act. This precedent solidifies the principle that USERRA should be interpreted liberally to protect veterans and will likely prevent lower courts from narrowly construing its protections in similar procedural matters.
