Robeson Defense Committee v. Britt

132 F.R.D. 650, 1989 U.S. Dist. LEXIS 12184, 1989 WL 225077
CourtDistrict Court, E.D. North Carolina
DecidedSeptember 29, 1989
DocketNo. 89-06-CIV-3-H
StatusPublished

This text of 132 F.R.D. 650 (Robeson Defense Committee v. Britt) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robeson Defense Committee v. Britt, 132 F.R.D. 650, 1989 U.S. Dist. LEXIS 12184, 1989 WL 225077 (E.D.N.C. 1989).

Opinion

[652]*652ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on the parties’ cross-motions for sanctions pursuant to Fed.R.Civ.P. 11. Plaintiffs filed this civil rights action under 42 U.S.C. § 1983, alleging a deprivation of constitutional rights. Plaintiffs include the Robeson Defense Committee, an unincorporated association, several Native-American and African-American residents of Robeson County, Eddie Hatcher, and Timothy Jacobs. Defendants include Governor Jim Martin, former District Attorney Joe Freeman Britt, District Attorney Richard Townsend, Attorney General Lacy Thornburg, Director of the State Bureau of Investigation Robert Morgan, state employee Lee Edward Sampson, and various John Doe State Bureau of Investigation agents and assistant district attorneys.

STATEMENT OF FACTS

This civil rights action arose out of the criminal proceedings that followed the armed takeover of the Robesonian newspaper by plaintiffs Hatcher and Jacobs. Hatcher and Jacobs were acquitted by a federal jury on federal charges stemming from the takeover. Their defense was that the takeover was necessary to gain protection and to have a forum to express their views that the local sheriff and district attorney offices were corrupt.

Hatcher and Jacobs were subsequently indicted by the State on State charges arising out of the Robesonian takeover. This State prosecution and the circumstances surrounding it allegedly formed the basis for plaintiffs’ § 1983 complaint. Plaintiffs asked for damages and an injunction of the State criminal proceedings.

Plaintiffs filed the complaint on January 31,1989 over the signature of Barry Nakell and filed an amended complaint on March 16, 1989 over the signature of Nakell, William Kunstler, and Lewis Pitts. Plaintiffs alleged, among other things, that Governor Martin, through his agents, negotiated an agreement with Hatcher and Jacobs that they would not be prosecuted by Robeson County law enforcement authorities. Plaintiffs allege that Governor Martin agreed with defendants Britt, Thornburg and the U.S. Attorney’s Office that Hatch-er and Jacobs would be prosecuted by federal, not state, authorities. It is alleged that the State prosecution violates this agreement.

The complaint alleges that following the federal acquittal, the plaintiffs engaged in First Amendment activity in Robeson County in an effort to encourage political change. Plaintiffs allege that various defendants conspired to harass and intimidate plaintiffs to prevent them from engaging in these First Amendment activities.

Plaintiffs allege that various defendants interfered with Jacobs’ Sixth Amendment rights by advising his family and friends that Jacobs should fire his New York counsel and retain local counsel and that Jacobs should voluntarily return to North Carolina to testify against Hatcher. Plaintiffs allege that these communications interfered with Jacobs’ relationship with his counsel and his joint defense with Hatcher. Plaintiffs also allege that defendants attempted to coerce Jacobs into testifying in violation of Hatcher’s Fifth Amendment rights. Plaintiffs assert finally that the subsequent State prosecution violated the Double Jeopardy Clause.

After defendants answered and filed a motion to dismiss, plaintiffs requested a voluntary dismissal with prejudice under Fed.R.Civ.P. 41(a)(2), which this court granted on May 2, 1989. Defendants subsequently moved for Rule 11 sanctions based on the complaint and amended complaint; plaintiffs moved for Rule 11 sanctions based on defendants’ Rule 11 motion. Plaintiffs also asked for discovery and an evidentiary hearing. The court, having been inundated with written materials 1 and having heard oral arguments, is now pre[653]*653pared to rule on these motions and requests.

RULE 11

Rule 11 of the Federal Rules of Civil Procedure states 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 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. If a pleading, motion or other paper is signed in violation of this rule, the court, ... shall impose upon the person who signed it, a represented party, or both, 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.

Rule 11 has three prongs, the violation of any one of which justifies sanctions. First, any pleading signed by an attorney must not be interposed for any improper purpose. See NCNB Nat. Bank of North Carolina v. Tiller, 814 F.2d 931 (4th Cir.1987). Second, a pleading must be warranted by existing law or a good faith argument for modification of existing law. See Cabell v. Petty, 810 F.2d 463 (4th Cir.1987). Third, Rule 11 requires an attorney to make reasonable inquiry to determine that the pleading is well grounded in fact. See Fahrenz v. Meadow Farm Partnership, 850 F.2d 207 (4th Cir.1988). The court discusses in greater detail the development and purposes of Rule 11 in Barnett D. Plotkin, et al. v. Association of Eye Care Centers, Inc., et al., No. 88-87-CIV-5-H, 1989 WL 225766 (E.D.N.C. September 29, 1989), in which this court today has denied a request for sanctions. Therefore, the court will not again address the development and purpose of Rule 11 in this order.

As a preliminary matter, plaintiffs argue that the dismissal of this action pursuant to Rule 41(a)(2) precludes the defendants from bringing the present Rule 11 motion. Plaintiffs argue that defendants did not reserve the right to file such a motion and that the court’s dismissal contained no such reservation. This argument is without merit.

Nothing in the Rule states that a party loses the right to Rule 11 sanctions if he fails to reserve such a right as a condition to a Rule 41(a)(2) dismissal. The terms and conditions that may be imposed upon a voluntary dismissal are for the protection of the defendant. Wright & Miller, Federal Practice and Procedure: Civil § 2366 (1971 and Supp.1988). A voluntary dismissal without prejudice allows a plaintiff to bring a later identical action. Therefore, it is the defendant’s interests which are protected by conditions imposed in a Rule 41(a)(2) dismissal. LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 603 (5th Cir.1976).

In this case, the court dismissed the plaintiffs’ suit with prejudice.

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Cite This Page — Counsel Stack

Bluebook (online)
132 F.R.D. 650, 1989 U.S. Dist. LEXIS 12184, 1989 WL 225077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robeson-defense-committee-v-britt-nced-1989.