Robin West v. Dean West

POSNER, Circuit Judge.

This is a diversity suit for battery and related torts under Illinois law, brought by a woman who claims that her ex-husband beat and raped her on March 17, 2008, while they were still married. The district judge dismissed the suit on his own initiative, ruling that it was malicious. The plaintiff is proceeding in forma pauperis, and 28 U.S.C. § 1915(e)(2)(B)(i) requires a district court to dismiss such a suit “at anytime if the court determines that ... [it] is frivolous or malicious.”

She complained about the beating and rape to the police, but later withdrew charges,…