DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
002102P.pdf 11/15/2000 Kevin R. Lee v. McDonald's Corp.
U.S. Court of Appeals Case No: 00-2102
Eastern District of Missouri
Civil case - civil rights. On rehearing of an order affirming
the district court's ruling dismissing Lee's action pursuant
to 28 U.S.C. Section 1915(e)(2)(A), the court finds it was
an abuse of discretion to dismiss Lee's suit on the ground
he had failed to disclose his wife's assets when he sought
in forma pauperis status; Lee's financial status must be
determined independent of his wife's assets to which she
has denied him access; dismissal of claims must be based
on whether the allegation of poverty is true and not on
whether Lee misstated his assets in his affidavit, so long
as his misstatements were made in good faith; case remanded
for further proceedings as to whether Lee is indigent and
entitled to proceed in forma pauperis.