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Verdicts
Prisoner Who Did Not Disclose Funds Loses Right to Refile Med-Mal Claim
The U.S. Court of Appeals for the Seventh Circuit has held that the Wisconsin district court that dismissed with prejudice a prisoner's suit for deliberate indifference to medical needs and for medical malpractice did not err; the prisoner had sought permission to litigate in forma pauperis, but did not disclose that he had money in a trust account. Kennedy v. Huibregtse, 2016 U.S. App. LEXIS 13667 (7th Cir. 7/27/16).
The plaintiff prisoner sought damages from the defendant doctors who had treated him while he was in a state prison in Wisconsin. He claimed injury due to medical malpractice and deliberate indifference to his medical needs, under 42 U.S.C. ' 1983. The plaintiff asked not to have to pay the usual court fees and costs in advance ' in legal terms, he sought to leave to litigate in forma pauperis ' in accordance with 28 U.S.C. ” 1915(a), (b). He claimed that he had only $10, when in fact he had more than $700 in his prison account and $1,400 in a trust account held outside the prison, consisting of back child support payments he had been paid.
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