Jennings v. Joshua Independent School District

948 F.2d 194, 1991 WL 243549
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 10, 1991
DocketNo. 90-7004
StatusPublished
Cited by14 cases

This text of 948 F.2d 194 (Jennings v. Joshua Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennings v. Joshua Independent School District, 948 F.2d 194, 1991 WL 243549 (5th Cir. 1991).

Opinion

CLARK, Chief Judge:

This appeal challenges sanctions imposed under Federal Rule of Civil Procedure 11. The district court initially imposed a sanction of $84,113.01 in attorneys’ fees jointly [196]*196against attorney Don Gladden, and his client, William Jennings. We vacated and directed the district court on remand to reconsider its sanctions in light of our intervening decision in Thomas v. Capital Sec. Serv., Inc., 836 F.2d 866 (5th Cir.1988) (en banc). In response to our mandate, the court imposed fees of $42,656.51 jointly against Jennings and Gladden. We vacate that last judgment and impose attorneys’ fees jointly and severally against Gladden and Jennings in the amount of $21,539.95.

I.

The facts are thoroughly detailed in our prior opinion, Jennings v. Joshua Indep. School Dist. 877 F.2d 313, 314-316 (5th Cir.1989) (on rehearing). In sum, the action challenged the constitutionality of a policy instituted by the Joshua Independent School District [JISD]. To educate students about the dangers of drugs, alcohol, and weapons and to deter the bringing of such items to school, JISD used trained dogs to sniff cars in the high school’s parking lot. If the dog alerted at a car, the dog handler accompanied by the assistant principal would ask the car’s owner to consent to a search. If the owner refused to sign the written consent form, policy required that the school turn the matter over to the police.

When a trained dog targeted a car driven by the high school daughter of Plaintiff Jennings, she refused to consent to a search of the vehicle. Jennings also declined to allow a search of his car. The school called the police who investigated the matter, determined there was probable cause to search the vehicle, and obtained a valid search warrant. The search proved negative.

Jennings employed Gladden to represent him in challenging the policy. Gladden filed a complaint under 42 U.S.C. § 1983 seeking damages from JISD, school officials, the owner of an investigating service, the contractor who supplied the dogs, the dog handler, and the police officer who conducted the search. The district court denied the defendants’ motions for summary judgment. At the close of a five-day trial, the court entered a directed verdict in favor of all the defendants except the police officer. A jury found in his favor.

The defendants sought the full amount of their attorneys fees under 42 U.S.C. § 1988, and, in the alternative, sought to recover such fees as a sanction under Fed. R.Civ.P. 11. The district court imposed the defendants’ total attorneys fees amounting to $84,113.01 as a Rule 11 sanction against both Gladden and Jennings. The court held that the lawsuit was frivolous because plaintiff's evidence furnished no basis for asserting that any defendant, other than the police officer, violated plaintiff's constitutional rights and that the outcome was foreseeable by plaintiff’s attorney, if it was not entirely plain to plaintiff Jennings. Jennings and Gladden appealed.

On that first appeal, this Court upheld the district court’s joint imposition of Rule 11 sanctions against both Jennings and Gladden. On rehearing, we vacated the sanctions imposed by the court for reconsideration in light of our intervening ruling in Thomas v. Capital Sec. Serv. Inc., 836 F.2d 866 (5th Cir.1988) (en banc). The Court stated:

Given the amount of the sanction, we ask that the district court address Thomas’s mitigation and notice requirements, as well as Thomas’s command that the sanctions imposed be the least severe sanctions adequate under the circumstances to promote Rule ll’s purposes of education, compensation and deterrence. We do this in keeping with Thomas’s statement that “[i]f the sanctions imposed are substantial in amount, type or effect, appellate review of such awards will be more rigorous,” 836 F.2d at 883. We wish to make certain that the district court’s justification of the Rule 11 decision in the record corresponds to the amount, type and effect of the sanction imposed, before reviewing that record and decision for abuse of discretion. See Thomas, 836 F.2d at 883.

Jennings v. Joshua Indep. School Dist., 877 F.2d 313, 321-22 (5th Cir.1989) (on rehearing).

[197]*197On remand, the district court reduced by one-half the amount of the joint and several award against Jennings and Gladden. Jennings and Gladden again appeal. We vacate and render.

II.

Rule 11 imposes on trial courts an objective standard of reasonableness under the circumstances. Business Guides, Inc. v. Chromatic Commun. Enter., Inc., — U.S. -, 111 S.Ct. 922, 931-32, 112 L.Ed.2d 1140 (1991); Thomas, 836 F.2d at 873. The reasonableness of the conduct involved is to be viewed at the time counsel or the party signed the document alleged to be the basis for the Rule 11 violation. In this case, that conduct consists of signing the complaint without making a reasonable inquiry into the law underlying the claim. Our review is limited to testing for abuse of discretion. Cooter & Gell v. Hartmarx Corp., — U.S. -, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990); Thomas, 836 F.2d at 871-73.

Jennings contends that he should not be held liable. He asserts that the material facts have never been disputed. The responsibility for researching the law and evaluating the legal merits of the claim lay with his lawyer, not him. This panel is not at liberty to evaluate the factual basis of this contention. Any review of Jennings’ joint and several liability is foreclosed by this Court’s partial affirmance in our prior opinion. Jennings, 877 F.2d at 321.

The legal basis for such joint liability was made clear. Both Gladden and Jennings failed to conduct a reasonable inquiry into the facts or law before filing the lawsuit. Gladden filed the pleadings and Jennings signed a sworn affidavit to oppose the defendants’ motion for summary judgement. Jennings’ only purpose in bringing this action was to harass the defendants. Jennings, 877 F.2d at 320.

In Business Guides, the Supreme Court held that any attorney, represented party, or pro se litigant who signs a pleading or other paper or affidavit without first conducting a reasonable inquiry may be liable for Rule 11 sanctions. Ill S.Ct. at 928-931. The notes of the Advisory Committee pertaining to the 1983 amendment of Rule 11 state:

If the duty imposed by the rule is violated, the court should have the discretion to impose sanctions on either the attorney, the party the signing attorney represents, or both, or on an unrepresented party who signed the pleading, and the new rule so provides....

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