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Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware Prisoner's Affidavit Of Poverty

Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware
Prisoner's Affidavit Of Poverty

On August 25, 2004, the U.S. District Court for the District of Delaware
declined to dismiss a prisoner's lawsuit for three misrepresentations on
his affidavit of poverty. The prisoner had won a S100,000 judgment against
a prison guard at trial.

On August 20, 1999, prisoner Roger Atkinson filed a lawsuit against prison
officials for violating his civil rights. Along with his complaint Atkinson
submitted an application to proceed without prepayment of fees and
affidavit, which the court granted. At trial a jury found that guard. Fred
Way had violated Atkinson's constitutional rights causing him injury and
awarded Atkinson $85,000 in compensatory damages and $15,000 in punitive
damages.

Way subsequently moved to dismiss the verdict pursuant to 28 U.S.C. §
1915(e)(2)(A) based on testimony Atkinson gave during cross-examination
that indicated three of the answers on his affidavit of poverty were
untrue. The three misrepresentations included (1) an incorrect answer
regarding Atkinson's self-employment status prior to the lawsuit; (2)
falsely asserting that he had never received disability or worker's
compensation payments; and (3) claiming that be had only $5 in his savings
account and $0 in his checking account at the time the affidavit was filed
when in fact he had $1,043.06 in his savings account. Atkinson contended
that despite any errors in the affidavit his allegation of poverty was
true; he also maintained that due to his vision impairment, he could not
have prevented the errors in his affidavit, which was prepared by others,
because he was unable to read the form.

The district court denied defendant Way's motion to dismiss finding:

1) Because of his limited financial means, Atkinson had little motive to
consciously and in bad faith attempt to conceal the true amount of his
finances. Moreover, unlike the conclusion in Ronesburg v. Trickey, 908
F.2d 258 (8th Cir. 1990), where the court found that dismissal with
prejudice was warranted because the plaintiff-prisoner's omissions in his
affidavit were conscious, deliberate, and intentional, such a finding was
not supported by the facts in Atkinson's case.

2) Although Atkinson's errors were not to be condoned, dismissal of his
case would be an unduly harsh result because his actual financial status
would not have prevented him from proceeding in the case without payment.
Atkinson was represented by Richard F. Morse of the Wilmington, Delaware,
Young, Conaway, Stargatt & Taylor, LIP. Joseph J. Farnan, Jr. presided.
This decision is unpublished. See: Atkinson v. Way, 2004 U.S. Dist. LEXIS
16933.

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Related legal case

Atkinson v. Way