Kennedy v. Huibregtse, No. 15-3743 (7th Cir. 2016)
Annotate this CaseA Wisconsin state prison inmate filed suit, in forma pauperis (28 U.S.C. 1915(a)), against prison doctors, alleging deliberate indifference to the plaintiff’s medical needs, in violation of 42 U.S.C. 1983, and medical malpractice. The defendants learned that in seeking permission to litigate in forma pauperis the plaintiff had failed to disclose that he had approximately $1400 in a trust account outside the prison. The district court dismissed, with prejudice on that basis. The Seventh Circuit affirmed, noting that, on appeal, the plaintiff had not argued that the dismissal should have been without prejudice and that such a dismissal would have had a different impact because the statute of limitations for section 1983 claims in Wisconsin is six years, not three. The decision to dismiss with prejudice was proper, however, and sends a strong message to all litigants, particularly to the prison population, that dishonesty to the court will not be tolerated.
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