668 F. App'x 162
7th Cir.2016Background
- Postlewaite, an Illinois prisoner, filed § 1983 claim alleging deficient medical treatment.
- The district court granted summary judgment for defendants, holding exhaustion of administrative remedies was not shown.
- Postlewaite sought to proceed on appeal in forma pauperis but had three prior strikes under § 1915(g).
- District court granted leave to proceed in forma pauperis without disclosure of strikes and assessed an initial partial filing fee.
- Court held Postlewaite deceived the court about his eligibility, constituting misconduct and grounds for immediate dismissal.
- Result: the appeal is dismissed and orders to return unfiled papers until fees are paid; further dismissals in related cases noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal should be dismissed for failure to disclose strikes | Postlewaite argues procedural exhaustion; merits not addressed here. | Postlewaite concealed three strikes, bar to in forma pauperis status under § 1915(g). | Yes; appeal dismissed for sanctions due to non-disclosure. |
| Whether sanctions and fee-ordering are proper | N/A | Misconduct warrants terminating appeal and returning papers until fees are paid. | Yes; sanctions and fee payment required. |
Key Cases Cited
- Sloan v. Lesza, 181 F.3d 857 (7th Cir. 1999) (fraud on court justifies sanctioning relief)
- Hoskins v. Dart, 633 F.3d 541 (7th Cir. 2011) (sanctions for misconduct in proceeding)
- Ammons v. Gerlinger, 547 F.3d 724 (7th Cir. 2008) (sanctions for misrepresentation in filings)
- Support Sys. Int'l Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995) (sanctions related to frivolous or improper filings)