West v. West

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 11-3398
Decision Date: 
September 17, 2012
Federal District: 
C.D. Ill.
Holding: 
Reversed and remanded
Dist. Ct. erred in dismissing as frivolous under 28 USC section 1915(e)(2)(B)(i) pro se plaintiff’s lawsuit against her ex-husband for battery and related torts allegedly committed while plaintiff was still married to defendant. While record showed that plaintiff had previously recanted beating and rape charges that formed basis of instant lawsuit and resumed living with defendant prior to her divorce, photographs and other evidence supported instant charges. Moreover, although defendant asserted that he was judgment proof and that plaintiff’s lawsuit was motivated by her desire to harass defendant, record failed to contain any evidence to support defendant’s claim that instant lawsuit constituted abuse of process.