West v. West, No. 11-3398 (7th Cir. 2012)Annotate this Case
Plaintiff sued her ex-husband for battery and related torts, claiming that he beat and raped her while they were still married. The district judge dismissed the suit, ruling that it was malicious. She was proceeding in forma pauperis, and 28 U.S.C. 1915(e)(2)(B)(i) requires a district court to dismiss such a suit if the court determines that it is frivolous or malicious. Before the two divorced, plaintiff had complained about the beating and rape to the police, but later withdrew charges, resumed living with the defendant, and emailed him a statement recanting the charges, saying that he was a wonderful husband. The court characterized the suit as “the latest battleground for the parties in their long-running personal feud” and stated that “this action may be merely a fishing expedition. The Plaintiff has expressed her desire to subpoena the Defendant’s telephone records, and has requested that the Court enter an order blocking AT&T from disposing of any telephone records relating to the Defendant.” The Seventh Circuit vacated, concluding that the district court's finding was not supported by the record.