United States Seventh Circuit

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Hoskins v. Dart, 10-1619

In an inmate's five separate suits under 42 U.S.C. section 1983 against a county sheriff and various prison officers claiming excessive physical force, district court's dismissal of all five cases with prejudice, in finding that the inmate had intentionally omitted his litigation history is affirmed where: 1) the district court did not clearly err in finding that the inmate's omissions were both material and intentional and thus fraudulent; and 2) the district court did not abuse its discretion as dismissal was permissible without further warning or opportunity to cure in light of the warning on the complaint form and the district court's finding of fraud.

Appellate Information

  • Argued 12/22/2010
  • Decided 01/20/2011
  • Published 01/20/2011

Judges

Court

  • United States Seventh Circuit

Counsel