United States District Court, D. Minnesota
Dale A. Williams, Sr., Plaintiff,
Paul Mayfield; Thom Lundquist; Courtney Menten; Justine Wandling, MA; Kellie Bodie-Miner, MSW, LISCW; Kathryn Lockie, MA, LPCC; Jannine Hebert, Executive Clinical Director of MSOP, Defendants.
A. Williams, Sr., pro se; and Theresa M. Bevilacqua, Esq.,
Dorsey & Whitney LLP, counsel for Plaintiff.
Anthony R. Noss, Assistant Attorney General, Minnesota
Attorney General's Office, counsel for Defendants.
MEMORANDUM OPINION AND ORDER
DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE
matter is before the Court on a Motion to Dismiss pursuant to
28 U.S.C. 1915(e)(2)(A) by Defendants. For the reasons set forth
below, the Court grants the motion and dismisses
Plaintiff's case without prejudice.
Dale Williams is an individual who has been civilly committed
to the Minnesota Sex Offender Program (“MSOP”).
(Doc. No. 84 (“Am. Compl.”) ¶ 1.) In 2013,
Williams' daughter and granddaughter sought to visit him.
(Id. ¶ 9.) The visitation application sent to
MSOP was denied. (See id.) In response, Williams
commenced this action against Defendants under 42 U.S.C.
§ 1983 alleging violations of the First and Fourteenth
connection with the filing of his original Complaint in
February 2014, Williams filed a Motion for Leave to Proceed
In Forma Pauperis (“IFP”) and an
accompanying affidavit claiming that he was unable to pay
court filing fees. (Doc. No. 2; Doc. No. 3 (“IFP
Affidavit”).) On February 5, 2014, Williams asserted
the following in his IFP Affidavit:
. . . I have not received within the last twelve months (12)
any money from the following sources: Business, profession,
or self-employment; Rent payments, interests, or dividends;
Pensions, annuities, or life insurance payments; Gifts of
inheritances; or any other sources. . . .
. . . I own approximately $100.00 cash and I have no money in
any checking or savings account. . . .
. . . I am currently unemployed at MSOP and do not expect to
have any income. . . .
Affidavit ¶¶ 5-6, 8.) Based on this sworn
testimony, the Court granted Williams IFP status and his
court fees were waived. (See Doc. No. 6.)
his March 25, 2016 deposition, Williams admitted that, when
he filed for IFP status, it was incorrect to say that he was
unable to pay court fees and costs. (Doc. No. 112
(“Noss Aff.”) ¶ 2, Ex. 1 (“Williams
Dep.”) at 213-14.) Deposition testimony revealed that,
around February 5, 2014, Williams had at least $16, 000 in
veterans' benefits, that he received at least $2, 873 in
veterans' benefits monthly, and that he had two bank
accounts-none of which was disclosed on his application.
(Id. at 53, 194-95, 203-09, 212.) Williams claimed
that he did not disclose such information because he did not
think that his veterans' benefits counted when applying
for IFP status. (Id. at 210-13.) Williams further
testified that he indicated only having $100 on the IFP
Affidavit because he had been told to do so by another
committed individual at MSOP. (Id. at 209-11.)
Williams stated that, according to another individual at
MSOP, “the normal procedure is to put down a hundred
dollars.” (Id. at 209.)
responding to Defendants' briefing on dismissal,
Plaintiff has submitted a declaration stating: “Before
this litigation, I have never filed an in forma
pauperis application in the federal court, and I was
unfamiliar with the process and requirements.” (Doc.
No. 116 (“Williams Decl.”) ¶ 3.) Consistent
with his deposition testimony, he also provided the following
explanation for his failure to disclose his veterans'
benefits: “In preparing my in forma pauperis
application, I understood that my veterans payments, which
are my sole source of money, should not be included in my
application.” (Id. ¶ 4.) Finally,
Plaintiff clarified that the assets that he failed to
disclose consisted of veterans' ...