Thomas v. Taylor

138 F.R.D. 614, 1991 U.S. Dist. LEXIS 12205, 1991 WL 166724
CourtDistrict Court, S.D. Georgia
DecidedAugust 6, 1991
DocketNo. CV: 590-206
StatusPublished
Cited by2 cases

This text of 138 F.R.D. 614 (Thomas v. Taylor) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Taylor, 138 F.R.D. 614, 1991 U.S. Dist. LEXIS 12205, 1991 WL 166724 (S.D. Ga. 1991).

Opinion

ORDER

EDENFELD, Chief Judge.

Before the Court is the motion of Way-cross law enforcement defendants Lynn Taylor, Chris Jordan, Jimmy Mercer, Herbert Bond, L.W. Lackey, Sr., and Leavy Dixon for sanctions pursuant to rule 11 of the Federal Rules of Civil Procedure. The defendants request an award of $6,629.25 in attorney’s fees and costs based on seven separate instances of Bill Thomas’ alleged frivolous and vexatious litigation conduct. Although the Court agrees with the defendants that Thomas, who appeared pro se in this case, violated rule 11, the Court will not award attorneys fees for each instance cited by the defendants, as explained below. Instead, the Court GRANTS the defendant’s motion and ORDERS Thomas to pay $3,600.00 to the defendants.

Background

Bill Thomas filed a “Complaint and Motion to Attach Assets” in this Court on July 11, 1990. On June 7, 1991, this Court dismissed Thomas’ complaint for failure to prosecute because he failed to attend his deposition after he was specifically ordered to do so by this Court. In the same order, the Court denied a motion for rule 11 sanctions brought by William E. Linton, a Magistrate of Ware County, Georgia. The Court had previously dismissed Judge Linton from this case, in an order, dated August 21, 1990, because of his absolute judicial immunity.

Thomas’ complaint was based on his belief that he was a victim of a conspiracy to violate his civil rights. Thomas was arrested and charged with a narcotics violation on March 9, 1990. Thomas claimed that the defendants conducted an illegal search of his vehicle, his person, and the premises of a friend, Tracy Smith, based on information obtained a few days earlier in a hearing before Judge Linton. Apparently, Thomas had appeared before Judge Linton in connection with Tracy Smith’s attempt to obtain a restraining order against her relative, Carl E. Myles, an admitted crack cocaine addict. Thomas claims that he was unlawfully arrested and imprisoned based on information presented during that hearing which Judge Linton shared with the Waycross law enforcement defendants.

The defendants claim that Thomas’ complaint in this Court was designed to delay the trial of a criminal case pending against him in state court (presumably, resulting from his March 9, 1990 arrest) and to harass the named officers. They claim that Thomas’ conduct in this case duplicated his maneuvers in state court. As evidence of Thomas’ harassing tactics in state court, the defendants attached copies of papers Thomas submitted in his state court proceeding. Among these filings was a petition for a writ of mandamus, predicated upon the presiding judge’s refusal to allow Thomas’ brother and another friend, both non-lawyers, to represent him in his criminal trial. In addition, Thomas filed a state civil tort complaint against the presiding judge, the district attorney, and the Assistant District Attorney seeking damages, attachment of assets, and news media coverage. The defendants argue that the litigation in this Court is part of the same frivolous and vexatious ploy. Specifically, the defendants point to a total of seven pleadings and bad faith conduct that they claim entitles them to attorneys fees under rule 11. These will be discussed in the below.

Analysis

I. Rule 11

Rule 11 of the Federal Rules of Civil Procedure, as amended in 1983, requires a party., or attorney who submits a pleading to certify that:

to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry [the pleading, motion or other paper] 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 [616]*616that it is not interposed for any improper purpose.

Fed.R.Civ.P. 11. The rule is designed to “ ‘reduce frivolous claims, defenses, or motions’ and to deter ‘costly meritless maneuvers,’ thus avoiding unnecessary delay and expense in litigation.” Donaldson v. Clark, 819 F.2d 1551, 1556 (11th Cir.1987) (en banc).

By its own terms, rule 11 applies equally to pro se litigants: “A party who is not represented by an attorney shall sign the party’s pleading, motion, or other paper, and state the party’s address.” Fed. R.Civ.P. 11. Pro se litigants are held to the same objective standard that a signer must conduct a reasonable inquiry into the facts and law or face sanctions. See Business Guides, Inc. v. Chromatic Communications Enterprises, Inc., — U.S. -, 111 S.Ct. 922, 112 L.Ed.2d 1140 (1991) (clarifying that rule 11 encompasses represented parties who sign papers submitted to federal court). Although the standard is the same for pro se litigants, “the court has sufficient discretion to take account of the special circumstances that often arise in pro se situations.” Fed.R.Civ.P. 11 advisory committee’s note. Nevertheless, if a pro se litigant violates rule 11, the court must, upon motion or its own initiative, impose 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.” Fed.R.Civ.P. 11; see Thomas v. Capital Sec. Servs., Inc., 836 F.2d 866, 876 (5th Cir.1988) (en banc) (once a violation of rule 11 is found, a court must impose appropriate sanctions). The court has considerable discretion in determining an appropriate sanction. Donaldson, 819 F.2d at 1553.

II. The Pleadings

The defendants’ first request for sanctions is directed at Thomas’ complaint. Defendants claim that Thomas' complaint was frivolous, in bad faith, improper in form, and not grounded in or warranted by existing law or any proposed good faith modification. Thomas’ complaint is hyperbolic and confusing. In addition to charges of unlawful search and seizure, false arrest, false imprisonment, and conspiracy, the complaint charges that the defendants violated the public trust, abused their public offices, committed perjury, and committed assault with intent to kill and eighth amendment violations by pointing their guns at Thomas’ head during the search and arrest. Although a pro se litigant is held to the same objective standard of reasonable inquiry under the circumstances, the Court must also review the complaint in light of the general rule that pro se pleadings are to be held to a less stringent standard than formal pleadings drafted by lawyers. See Byrd v. Stewart,

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Cite This Page — Counsel Stack

Bluebook (online)
138 F.R.D. 614, 1991 U.S. Dist. LEXIS 12205, 1991 WL 166724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-taylor-gasd-1991.