John S. Hrobowski v. Commonwealth Edison Company

203 F.3d 445, 2000 WL 141238
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 8, 2000
Docket99-1924
StatusPublished
Cited by14 cases

This text of 203 F.3d 445 (John S. Hrobowski v. Commonwealth Edison Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John S. Hrobowski v. Commonwealth Edison Company, 203 F.3d 445, 2000 WL 141238 (7th Cir. 2000).

Opinions

TERENCE T. EVANS, Circuit Judge.

Several glitches have coalesced to create the conundrum we consider today. On the third day of a trial pitting John Hrobowski against his former employer, Commonwealth Edison, the district court dismissed Hrobowski’s race and disability discrimination claims with prejudice. The dismissal did not follow any revelation about the underlying merits of the suit, but instead came on the heels of a cross-examination showing that Hrobowski failed to disclose what the district court believed to be relevant financial information on two applications to proceed informa pauperis. Ordinarily, such a dismissal under the in forma pauperis statute, 28 U.S.C. § 1915(e)(2)(A), raises few tricky issues on appeal. But this is not a typical case— when his claims were dismissed, Hrobow-ski was not proceeding (or at least should not have been proceeding) in forma pau-peris.

In late 1996 Hrobowski filed a complaint pro se against ComEd alleging that the company’s failure to allow him to return to his prior position following an injury violated federal race (Hrobowski is African-American) and disability discrimination laws. Simultaneously he completed an application to proceed in forma pauperis in which he disclosed an income of $47,928 a year and a lot in Maywood (Illinois) for which he paid $18,200. He didn’t mention, however, that he owned a 1991 pickup truck and that he maintained varying ownership interests in a number of automobiles apparently owned by his children. Based on this financial information, Hro-bowski also filed a motion for appointment of counsel.

Oddly, despite his truthful reporting of a rather healthy income, the district court1 granted Hrobowski in forma pauperis status and arranged for an attorney to take his case pro bono. This was, it seems to us, the first glitch. We believe Hrobowski’s financial disclosure, even if incomplete, should have made him ineligible to proceed in forma pauperis. Yet, with the court’s blessing, Hrobowski was allowed to proceed without paying a filing fee.

This minor victory presaged continued success for Hrobowski as ComEd eventually agreed to restore him to his prior position with full seniority and to make up for almost all of his claimed lost overtime. Apparently, however, Hrobowski and his lawyer clashed over the generosity of ComEd’s offer, for in March 1998, citing “disagreement on further litigation strategy,” the attorney requested leave to withdraw and Hrobowski did not object. Instead, when the district court granted his lawyer’s motion, Hrobowski immediately obtained new counsel on his own nickel.

[447]*447But like many who have gone before him, Hrobowski apparently did not like paying legal fees. Thus, -in an attempt to return to the salad days of expense-free litigation, he filed another application to proceed in forma pauperis2 and a new motion for appointed counsel. On his second application Hrobowski stated that he had take-home pay of $885 per pay period (for what “pay period” we don’t know;., if it was per week, that’s $46,020 a year; if it was bi-monthly, that’s $21,240 a year), but he did not report that he received around $80,000 in workers’ compensation payments in the preceding year, that he maintained his interest in the Maywood lot, and that he owned one car outright and still possessed ownership interests in his children’s vehicles. The omission of the workers’ compensation he received was particularly glaring because Hrobowski checked the “no” box on his application following a question specifically asking whether he had received any such payments in the past year.

Using a slightly more conservative formula to determine how much a person must earn to escape paying a $150 filing fee, the district court denied this second application and also rejected the motion for appointment of counsel, noting that Hrobowski not only appeared financially capable of retaining a lawyer, but had already done so. This is where the next glitch occurred: since Hrobowski was already proceeding in forma pauperis, his “application to proceed without prepayment of fees” was unnecessary if all he wanted to do was save $150. But Hrobowski filed the application anyway — most likely because the court required current financial information before it would consider his renewed motion for appointment of counsel — and this, in turn, led to another glitch. For once the court denied the second application, Hrobowski should not have been permitted to proceed further in the case without paying a filing fee. However, even though the fee was not assessed (through no fault of Hrobowski’s), the court permitted the case to move forward.

And Hrobowski (with his retained lawyer) pressed on. At first this looked like a good move, as he sailed through ComEd’s attempt to have the case dismissed on summary judgment. But soon after his trial began, Hrobowski’s luck went south.

On the afternoon of the trial’s second day Hrobowski faced a, withering cross-examination that revealed the various omissions on his in forma pauperis applications. In fight of this testimony, ComEd filed a motion for dismissal pursuant to 28 U.S.C. § 1915(e)(2)(A).3 The judge granted the motion, stating:

This Court finds that the plaintiffs explanations concerning the statements that are contained in his applieation[s] to proceed in forma pauperis ... are just not plausible.
... [T]he plaintiff knowingly and intentionally gave false information as to his true financial status. Therefore, the defendant’s motion to dismiss is granted. And pursuant to [28 U.S.C. § 1915(e)(2)(A)], this case is now ordered dismissed with prejudice as a sanction for attempting to deceive this Court by making false allegations of poverty.

[448]*448And with that, Hrobowski’s 2-$ year battle with ComEd came to an abrupt halt.

Hrobowski now appeals the district court’s dismissal, asking that we allow the case to be decided on the merits.' Before we can evaluate this request, we must determine the correct standard for our review. Until now, we have not been presented with a case that has required us to choose whether § 1915(e)(2)(A) dismissals should be reviewed de novo or for abuse of discretion. See, e.g., Mathis v. New York Life Ins., 133 F.3d 546 (7th Cir.1998). This appeal demands a choice. But before we make it, we reiterate that Hrobowski’s is not the average § 1915(e)(2)(A) dismissal. Typically, we are asked to evaluate whether a district court’s take on the facts — i.e., whether or not a plaintiffs allegation of poverty is untrue — support a dismissal under the statute. Here we face a different task, addressing solely the question of whether the statute forced the district court to dismiss (recall, the statute says “shall” dismiss) Hrobowski’s case after the omissions in his in forma pauperis applications came to light even though he was, at trial, pursuing his suit at his own expense.

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John S. Hrobowski v. Commonwealth Edison Company
203 F.3d 445 (Seventh Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
203 F.3d 445, 2000 WL 141238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-s-hrobowski-v-commonwealth-edison-company-ca7-2000.