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Hoskins v. Dart, 10-1619

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By FindLaw Staff on January 20, 2011 3:53 PM

Prisoner's civil rights suit for excessive force

Hoskins v. Dart, 10-1619, concerned an inmate's five separate suits under 42 U.S.C. section 1983 against a county sheriff and various prison officers claiming excessive physical force.  In affirming the district court's dismissal of all five cases with prejudice, in finding that the inmate had intentionally omitted his litigation history, the court held that the district court did not clearly err in finding that the inmate's omissions were both material and intentional and thus fraudulent.  The court also held that the district court did not abuse its discretion as dismissal was permissible without further warning or opportunity to cure in light of the warning on the complaint form and the district court's finding of fraud.

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