Anderson v. Mackall

128 F.R.D. 223, 1988 U.S. Dist. LEXIS 17263, 1988 WL 168380
CourtDistrict Court, E.D. Virginia
DecidedMarch 17, 1988
DocketCiv. A. No. 87-0173-A
StatusPublished
Cited by2 cases

This text of 128 F.R.D. 223 (Anderson v. Mackall) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Mackall, 128 F.R.D. 223, 1988 U.S. Dist. LEXIS 17263, 1988 WL 168380 (E.D. Va. 1988).

Opinion

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter is before the court on the Request for Sanctions filed by defendants, Donald L. Bowman, the law office of Donald L. Bowman, Eugene Vannoy, American Paving & Construction Company, Henry C. Mackall, the law firm of Mackall, Mackall, Walker & Gibb, Eleanor Orndorff, Joy R. Dawson, Rebekah Johnson, and Platt and Dawson.

I

Background

Plaintiff Charles M. Anderson instituted this suit alleging a violation of 42 U.S.C. §§ 1983 and 1985, and seeking injunctive and monetary relief for alleged judicial and lay conspiracy to deprive him of due process. The plaintiff alleges misconduct by defendants in connection with several actions pending in the Fairfax County Circuit Court. He has also sued Judge Bryan of this court. Defendants Middleton, Griffith and Fortkort are Fairfax County Circuit Judges. Defendant Whitmore is a Clerk of that Court. Defendants Daniel and Hirsch are Assistant Bar Counsel. Defendant Henry C. Mackall was the Commissioner of Chancery, appointed by the Fairfax County Circuit Court, who heard a dispute involving Mr. Anderson. The law firm of Mackall, Mackall, Walker & Gibb, are attorneys. Defendants Orndorff, Dawson, Platt & Dawson are court reporters who allegedly falsified a transcript. Defendant Donald L. Bowman, and the law office of Donald L. Bowman, are counsel for Eugene Vannoy, and American Paving & Construction Company. They were involved in a Fairfax County lawsuit which gives rise to this dispute.

On February 5, 1985, this court dismissed the plaintiff’s Complaint with prejudice as to all defendants. Defendants Bowman, the Bowman Law Office, Eugene Vannoy, and American Paving Construction Company, Henry C. Mackall, the law firm of Mackall, Mackall, Walker, & Gibb, [225]*225Eleanor Orndorff, Joy R. Dawson, Rebekah Johnson, Platt & Dawson have moved for sanctions against the plaintiff.

Plaintiff, in response to the Request for Sanctions, argues that the imposition sanctions against him would have a chilling effect on him, and that he was not prepared orally on February 5, 1988, due to Judge Hilton’s Order from the bench on December 11, 1987.1 This court has reviewed the plaintiff’s pleadings and has given him every opportunity to be heard.

II

As an initial matter, the court recognizes that in the determination of whether sanctions are warranted, Anderson’s status as an attorney bars him from receiving the same deference as a pro se litigant. Dozier v. Ford Motor Co., 702 F.2d 1189, 1194 (D.C.Cir.1983).

Rule 11 of the Federal Rules of Civil Procedure provides in pertinent part:

The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law ..., and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation____

Under Rule 11, an attorney is under an affirmative duty to conduct a reasonable investigation of the facts and the law prior to submitting any pleading, motion or paper.

This case is an ongoing saga of the plaintiff suing opposing attorneys, presiding judges, court clerks and court reporters. Research would have indicated to the plaintiff that the defendants’ attorneys, acting within the scope of their client’s representation, are not liable under 42 U.S.C. § 1983 (1982) because they were not acting “under color of state law.” Dahlberg v. Becker, 748 F.2d 85 (2nd Cir.1984), cert. denied, 470 U.S. 1084, 105 S.Ct. 1845, 85 L.Ed.2d 144 (1985); Skolnick v. Spolar, 317 F.2d 857, cert. denied, 375 U.S. 904, 84 S.Ct. 195, 11 L.Ed.2d 145 (1963). It appears that Mr. Anderson sues anyone who opposed him or had involvement with the Fairfax lawsuit. Thus, plaintiff’s suit was not warranted by existing law. See Aller v. New York Bd. of Elections, 586 F.Supp. 603 (S.D.N.Y.1984) (Plaintiffs unable to offer any legal support or factual foundation for the constitutional deprivations alleged). Fees and costs have also been awarded against an attorney for filing a suit against a judge who had absolute immunity. Chu By Chu v. Griffith, 771 F.2d 79 (4th Cir.1985).

III

Rule 11 of the Federal Rules of Civil Procedure further provides:

If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, ... an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.

Under Rule 11, the court has a variety of sanctions it can use including reprimand and monetary awards. See Schwarzer, Sanctions Under the New Federal Rule 11: A Closer Look, 104 F.R.D. 181, 201-204 (1985). Since Anderson is not a practicing attorney, a reprimand would serve no useful purpose. Therefore, attorneys fees shall be awarded.

[226]*226As for injunctive relief, the All Writs Act, 28 U.S.C. § 1651(a) (1982), gives federal courts the general power to enjoin a litigant from filing frivolous lawsuits. Courts should enter injunctions, to protect the efficient administration of justice from frivolous lawsuits. In re Martin-Trigona, 573 F.Supp. 1245 (D.Conn.1983), aff'd. 737 F.2d 1254 (2nd Cir.1984); Procup v. Strickland, 792 F.2d 1069 (11th Cir.1986). However, the protection of federal jurisdiction from frivolous lawsuits does not allow a federal court to enjoin the plaintiff from bringing actions in state court. In re Martin-Trigona, 737 F.2d at 1262. Therefore, the injunction is limited to Anderson’s actions in federal court. The court believes if an injunction is not granted, plaintiff will undoubtedly continue to file meritless lawsuits.

It appears to this court that any judge, or opposing party who are involved in a lawsuit with Mr.

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Bluebook (online)
128 F.R.D. 223, 1988 U.S. Dist. LEXIS 17263, 1988 WL 168380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-mackall-vaed-1988.