Doe v. Keane

117 F.R.D. 103, 1987 U.S. Dist. LEXIS 8613
Procedural entryThis page is a short order in Doe v. Keane. Read the opinion of the Court — 658 F. Supp. 216
District Court, W.D. Michigan·Decided June 23, 1987·No. No. G86-868 CA5·Published

Opinion

OPINION REGARDING MOTION GRANTING PARTIAL ATTORNEYS’ FEES

HILLMAN, Chief Judge.

Plaintiff Jane Doe filed suit on September 23, 1986, alleging damages under 42 U.S.C. § 1983 and the Thirteenth and Fourteenth Amendments to the United States Constitution. On March 26, 1987, I dismissed the suit pursuant to Federal Rules of Civil Procedure 12(b)(6) and 56. Currently before the court is defendant Keane’s motion for attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, Federal Rule of Civil Procedure 11, and Local Rule 49. Defendant Blumer has filed a concurring motion. For the reasons discussed below, defendant Keane’s motion is granted in part and defendant Blumer’s motion is denied.

I. Factual Background

Upon receipt of plaintiff’s complaint, counsel for defendant Keane, Linda Goldberg, wrote to plaintiff’s counsel, Wiley E. Bean, on October 2, 1986, requesting that he withdraw the suit for the reason that it was barred by controlling law. The court has examined Ms. Goldberg’s letter. It contains a detailed analysis of the relevant case law equivalent in scope to a brief in support of a motion. In effect, attorney Goldberg provided plaintiff’s counsel with a draft copy of defendant Keane’s motion to dismiss thereby giving Mr. Bean every opportunity to examine defendant’s arguments and to determine whether his client had any cognizable federal claim.

Mr. Bean summarily responded to defendant Keane on October 23, 1986. He did not address the legal arguments presented to him and he refused to dismiss plaintiff’s complaint. He stated, “we are not aware of any recent Federal case allowing the sale of a person. I realize that the Dred Scott decision did require the free states to return runaway slaves.”

Ms. Goldberg subsequently filed a motion to dismiss. She argued that plaintiff’s claims under 42 U.S.C. § 1983 and the Fourteenth Amendment were barred because plaintiff had not pled and could not prove that defendants had acted under col- or of state law. She also correctly pointed out that there is no private right of action under the Thirteenth Amendment.

In reply, and despite the absence of any authoritative support for his position, Mr. Bean argued that the failure of the state of Michigan to affirmatively prohibit surrogate parenting transformed the defendants’ actions into state action. Without properly amending the complaint, plaintiff also raised two new claims pursuant to 42 U.S.C. §§ 1981 and 1985. Defendant Keane responded to the new claims on December 8, 1986.

The court heard oral argument on March 26, 1987. Ruling from the bench, the court rejected every argument presented by plaintiff and dismissed plaintiff’s federal claims under Rules 12(b)(6) and 56 of the [105]*105Federal Rules of Civil Procedure. Subsequently the court filed a written opinion that was substantially the same as its discussion from the bench.

II. Standard of Review

In any civil rights suit based on Sections 1981, 1983 or 1985, the court, pursuant to Section 1988, may award attorneys’ fees to the prevailing defendant “upon a finding that the plaintiff’s action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Christiansburg Garmet Co. v. EEOC, 434 U.S. 412, 421, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978); Hughes v. Rowe, 449 U.S. 5, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (applying the Christiansburg standard for fees in Title VII cases to fee petitions brought under Section 1988). The Supreme Court warns, however, that judges must not engage in post-hoc reasoning to justify such an award. Christiansburg, supra, at 422, 98 S.Ct. at 701. “Even when the law or facts appear questionable or unfavorable at the outset, a party may have an entirely reasonable ground for bringing suit.” Id. “Decisive facts may not emerge until discovery or trial.” Id.

Rule 11 provides another avenue by which fees and costs may be obtained against an attorney and his or her client. As amended in 1983 it provides:

The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information and belief formed after reasonable inquiring it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of 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.

The amendment to Rule 11 “stresses the need for some prefiling inquiry into the facts and the law to satisfy the affirmative duty imposed by the rule.” Albright v. Upjohn Co., 788 F.2d 1217, 1221 (6th Cir.1986). Counsel’s conduct is to be measured by an objective standard of reasonableness under the circumstances. Id. In administering the rule, courts must avoid hindsight and instead test a signer’s conduct by inquiry into what was reasonable at the time the paper was filed. Factors such as the amount of time available for investigation; whether the signing attorney had to depend on his or her client for the information on which the pleading is based; and whether the pleading is based on a plausible view of the law should be taken into account in determining what is reasonable. Notes of Advisory Committee on Rules.

District courts have little discretion in the application of this sanction. Rule 11 mandates imposition on a finding that a lawyer or client acted in violation of its requirements. “Good faith” no longer provides a defense to imposition of sanctions. “An empty head but a pure heart is no defense.” Thornton v. Wahl, 787 F.2d 1151, 1154 (7th Cir.), cert. den., — U.S. —, 107 S.Ct. 181, 93 L.Ed.2d 116 (1986).

Finally Local Rule 49(c) states:

The filing of frivolous motions or oppositions to motions subjects the offending party, and his attorney in the discretion of the Court, to appropriate discipline including the imposition of costs and attorney fees.

III. Discussion

The Sixth Circuit holds-that imposition of attorneys’ fees against a losing party in a civil rights suit “is an extreme sanction, and must be limited to truly egregious cases of misconduct.” Jones v. Continental Corp.,

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Doe v. Keane, 117 F.R.D. 103, 1987 U.S. Dist. LEXIS 8613 (W.D. Mich. 1987).

117 F.R.D. 103 (Doe v. Keane) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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449 U.S. 5 (Supreme Court, 1980)
Elizabeth Thornton v. Robert Wahl
787 F.2d 1151 (Seventh Circuit, 1986)
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788 F.2d 1217 (Sixth Circuit, 1986)
Mohammed v. Union Carbide Corp.
606 F. Supp. 252 (E.D. Michigan, 1985)
Jones v. Continental Corp.
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Thornton v. Wahl
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