Hoskins v. Dart

Summary

The Seventh Circuit affirmed the dismissal with prejudice of five prisoner civil-rights suits after finding that Joshua Hoskins intentionally and materially misrepresented his litigation history on court-issued complaint forms. The court held that dismissal was a permissible sanction for fraudulent omissions and that the district court did not abuse its discretion by imposing that sanction. The dismissals did not count as strikes under 28 U.S.C. § 1915(g), although Hoskins remained liable for applicable filing fees.

Holdings

1. The district court did not clearly err in finding that Hoskins's omissions were material, intentional, and fraudulent.
2. A district court may impose sanctions, including dismissal with prejudice, against a litigant who intentionally misrepresents or fraudulently omits litigation history, and the district court did not abuse its discretion by doing so here.
3. The dismissals did not count as strikes under § 1915(g) because they were sanctions for disobeying a court rule rather than dismissals for failure to state a claim or for frivolousness or maliciousness.

Questions Presented

1. Whether the district court clearly erred in finding that Hoskins fraudulently and intentionally omitted his prior pending lawsuits.
2. Whether the district court abused its discretion by dismissing the five complaints with prejudice as a sanction for the fraudulent omissions.
3. Whether the dismissals constituted strikes under 28 U.S.C. § 1915(g).

Disposition

affirmed