Nabkey v. Hoffius

827 F. Supp. 450, 1993 U.S. Dist. LEXIS 9739, 1993 WL 266939
CourtDistrict Court, W.D. Michigan
DecidedJuly 12, 1993
Docket1:83-CV-1155
StatusPublished
Cited by7 cases

This text of 827 F. Supp. 450 (Nabkey v. Hoffius) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nabkey v. Hoffius, 827 F. Supp. 450, 1993 U.S. Dist. LEXIS 9739, 1993 WL 266939 (W.D. Mich. 1993).

Opinion

OPINION OF THE COURT

McKEAGUE, District Judge.

On July 7, 1993, the Court conducted a show cause hearing to determine whether plaintiff L. Lea Nabkey is in contempt of Court. At the conclusion of the hearing, the Court found Miss Nabkey to be in contempt and imposed sanctions. This opinion summarizes the Court’s findings, conclusions and sanctions.

I.

At the conclusion of trial in this matter on June 9, 1993, in which plaintiffs remaining claim was dismissed at the close of plaintiffs proofs under Fed.R.Civ.P. 50(a), the Court issued two orders from the bench. First, observing that plaintiff had failed to return her copies of juror questionnaires provided to her in conjunction with the trial, the Court ordered her to return the questionnaires to the Court Clerk not later than 5:00 p.m. on *452 June 10, 1993. Second, the Court ordered both parties to refrain from attempting to communicate with members of the jury or venire who had participated in the trial proceedings. These orders were reiterated and memorialized in a written order issued the next day.

On June 14, 1993, the Court was apprised by the Clerk of the Court of reasons to believe that plaintiff had violated both of the above orders. By order dated June 21, 1993, plaintiff was thereupon ordered to present herself to the Court on July 7, 1993, and show cause why she should not be held in contempt.

II.

The Court’s contempt power is defined at 18 U.S.C. § 401:

A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as—
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

This definition is not exclusive, however, for the federal courts have long been recognized to have inherent power to enforce submission to their lawful mandates in furtherance of managing their affairs so as to achieve the orderly and expeditious disposition of cases. Chambers v. NASCO, Inc., — U.S. -, -, 111 S.Ct. 2123, 2132, 115 L.Ed.2d 27 (1991).

The manner of proceeding to determine whether the charged party is in contempt is dependent upon the purpose of the enforcement measure contemplated. If the purpose is coercive or remedial (to secure compliance with the Court’s order), or compensatory (to make the injured party whole), then “civil contempt” is implicated. If the purpose is punitive (to vindicate the Court’s authority), then “criminal contempt” is implicated. See In re Jaques, 761 F.2d 302, 305-06 (6th Cir.1985), cert. denied 475 U.S. 1044, 106 S.Ct. 1259, 89 L.Ed.2d 570 (1986). The Court is obliged in contempt cases to employ “the least possible power adequate to the end proposed.” Shillitani v. United States, 384 U.S. 364, 371, 86 S.Ct. 1531, 1536, 16 L.Ed.2d 622 (1966); Taberer v. Armstrong World Ind., 954 F.2d 888, 895 (3rd Cir.1992). That is, the Court should resort to criminal sanctions only after determining, for good reason, that the civil remedy would be inappropriate. Shillitani, 384 U.S. at 371, n. 9, 86 S.Ct. at 1536, n. 9.

The Court’s primary concern in issuing the orders in question and in inquiring into plaintiffs compliance therewith, is protection of the privacy of the jurors and veniremen who participated in the trial. The Court is satisfied that civil contempt proceedings are adequate to fulfill this purpose.

The due process safeguards customarily applicable to civil litigation apply to civil contempt proceedings as well. That is, the charged party is entitled to proper notice, an impartial hearing, and an opportunity to present a defense. N.L.R.B. v. Cincinnati Bronze, Inc., 829 F.2d 585, 589 (6th Cir.1987); TWM Mfg. Co., Inc. v. Dura Corp., 722 F.2d 1261, 1272 (6th Cir.1983). Generally, civil contempt proceedings are summary in nature. Miller v. Carson, 550 F.Supp. 543, 545 (M.D.Fla.1982). The full panoply of evidentiary and procedural safeguards of criminal proceedings or trial need not be employed. In re Grand Jury Proceedings, Hellman, 756 F.2d 428, 430 (6th Cir.1985).

The charged party may be held in contempt when (1) the order violated is clear and unambiguous; (2) the proof of noncompliance is clear and convincing; and (3) the party has not diligently attempted in a reasonable manner to comply. United States v. Int’l Brotherhood of Teamsters, 776 F.Supp. 144, 154 (S.D.N.Y.1991). The charged party’s good faith is no defense. Peppers v. Barry, 873 F.2d 967, 968 (6th Cir.1989). The person found not to have complied with an order of-the Court of which he had notice will be held in contempt unless he shows he was unable to comply after taking all reasonable steps within his power to do so. Id., 873 *453 F.2d at 969; Citizens for a Better Environment v. Wilson, 775 F.Supp. 1291, 1300 (N.D.Cal.1991). Once a prima facie showing of violation has been made, the charged party has the burden of proving inability to comply. United States v. Ciampitti, 669 F.Supp. 684, 687 (D.N.J.1987).

III.

When plaintiff Miss Nabkey appeared for the show cause hearing on July 7th, the Court inquired as to how she answered the charge that she had violated the Court’s orders. She responded that she did not understand the charges, asserted that she was not competent to assist in her own defense, and requested that an attorney be appointed to represent her. The Court explained, as reflected in the order to show cause, that there was reason to believe that she had not timely returned the jury questionnaires and that she had communicated with one of the jurors. The Court asked what exactly Miss Nabkey failed to understand. In response, she simply reiterated her request for appointment of counsel. The Court informed Miss Nabkey that she was not entitled to appointment of counsel and denied her request. Again, the Court asked how she answered the charges. Again, she requested appointment of counsel and refused to otherwise defend.

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Cite This Page — Counsel Stack

Bluebook (online)
827 F. Supp. 450, 1993 U.S. Dist. LEXIS 9739, 1993 WL 266939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nabkey-v-hoffius-miwd-1993.