AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Frivolous Lawsuits
After a woman's
federal civil rights claims against police officers were determined to
be frivolous, the city employing the officers asked the court to award
it $362,545.61 in attorneys' fees and costs as a sanction under 28 U.S.C.
§ 1927 against the plaintiff's attorney. The attorney continued to
pursue his client's claims after it was clear that they were frivolous.
A federal appeals court ruled that the trial court could take into consideration
the attorney's claim that he had no assets and had only earned approximately
$20,000 annually in the past three years, and, if true, reduce the amount
of any sanction based on his inability to pay. Haynes v. City and County
of San Francisco, #10-16327, 2012 U.S. App. Lexis 15102 (9th Cir.).
A female member
of the Army and her infant child were injured while working at the Pentagon
on September 11, 2001 during the terrorist attacks. She filed a federal
civil rights lawsuit against Vice President Dick Cheney, and a number of
other senior federal government officials, claiming that they were involved
in a conspiracy to cause the terrorist attacks on that day to create a
"political atmosphere" in which they could pursue their desired
domestic and international policies, and "conceal" an alleged
misallocation of $2.3 trillion in defense appropriations. The lawsuit proposed
a "fantastical alternative history" of the events of Sept. 11,
2011, including a contention that no plane crashed into the Pentagon, but
that instead explosives were ignited there. Upholding the dismissal of
the lawsuit, a federal appeals court found both the lawsuit and the appeal
frivolous and ordered the plaintiff's counsel to show cause why double
costs and damages of $15,000 should not be imposed as a sanction on both
the plaintiff and her lawyer.. Gallop v. Cheney, #10-1241, 2011 U.S. App.
Lexis 8554 (2nd Cir.).
A federal lawsuit filed by a woman who alleges
that federal agencies have her under surveillance and have conducted biomedical
and genetic experiments on her was dismissed by the court.. "Claims
describing fantastic or delusional scenarios fall into the category of
cases whose factual contentions are clearly baseless. " McBrien v.
F.B.I., #09-0197, 2009 U.S. Dist. Lexis 7360 (D.D.C.).
While a plaintiff's lawsuit, claiming that
a judge, a sheriff, and a senator were all members of a terrorist organization,
stole tax money, allowed a drug trafficking ring to operate, and conspired
together against allowing him to file papers at the courthouse was properly
dismissed as frivolous, the appeals court held that it should have been
only dismissed "without prejudice," since it was possible that
the plaintiff might have been able to file a more particular complaint
states some non-frivolous claims stemming from the same events described
in his initial complaint, which had been described by the trial court as
containing only "delusional' nonsense without any factual basis. Larrimore
v. Hooks, No. 08-1327, 2008 U.S. App. Lexis 16835 (Unpub. 4th Cir.).
A plaintiff's $250 million lawsuit concerning
the ownership of several pieces of personal property seized by a police
department, asserting claims for theft, violation of civil rights, and
violations of the Americans with Disabilities Act was frivolous and groundless.
Since the plaintiff failed to present a viable case for any of his claims,
the defendant was entitled to an award of $6,591 in attorneys' fees. Swiney
v. State of Texas, Civil Action No. SA-06-CA-0941, 2008 U.S. Dist. Lexis
51522 (W.D. Tex.).
Sheriff and sheriff's department were entitled
to an award of attorneys' fees under 42 U.S.C. Sec. 1988 when an arrestee's
lawsuit for harassment, malicious prosecution, abuse of process, and intentional
infliction of emotional distress in connection with the issuance of an
arrest warrant was voluntarily dismissed. The court found that the lawsuit
brought had been frivolous when the arrest never took place, the sheriff's
department, named as a defendant, was not a legal entity which could be
sued, and there was no showing that there was any alleged violation of
constitutional rights related to official county policies or practices.
Evans v. Monroe County Sheriff's Department, No. 05-10077, 148 Fed. Appx.
902 (11th Cir. 2005). [N/R]
Owner of dog failed to assert a viable constitutional
claim in seeking damages for the loss of 60 days of the companionship of
her pet on a theory that her due process property rights had been violated
by the dog's detention. Plaintiff ordered to show cause why she should
not be sanctioned for making a "frivolous argument in a meritless
case." Wall v. City of Brookfield, No. 04-313, 406 F.3d 458 (7th Cir.
2005). [2005 LR Jul]
Trial court properly awarded $44,044 in attorneys'
fees to defendants in "frivolous, unreasonable, and groundless"
lawsuit filed by woman prosecuted on misdemeanor charges after refusing
to obey police officer's orders to leave city council meeting when he told
her the chamber was filled to capacity. Plaintiff, who was released on
her own recognizance after charges were made against her, was not seized,
and no motive to punish her for expressing her opinions about a proposed
airport expansion was shown. Attorneys' fee award served to help deter
frivolous lawsuits. Karam v. City of Burbank, No. 02-55954, 340 F.3d 884
(9th Cir. 2003). [2003 LR Dec]
Presence of officers during a court-sanctioned
entry into a man's residence by his wife in connection with divorce proceedings
to retrieve some of her possessions did not constitute an illegal search
and seizure in violation of federal and state constitutional provisions.
The plaintiff's federal civil rights claims against the city and officers
were frivolous and the defendants were therefore entitled to an award of
attorneys' fees. Todd v. City of Natchitoches, 238 F. Supp. 2d 793 (W.D.
La. 2002). [N/R]
Arrestee's federal civil rights lawsuit claiming
that the FBI and Drug Enforcement Administration (DEA) had surgically implanted
an electronic tracking device in his body could not be dismissed as "fantastic
and delusional" since it raised factual questions and the arrestee
was not proceeding as a pauper, having paid a filing fee, so that the provisions
of 28 U.S.C. Sec. 1915 for the screening of frivolous pauper lawsuits did
not apply. Official capacity claims, however, were barred against FBI and
DEA agents under the Federal Tort Claims Act, FTCA, 28 U.S.C. Secs. 2401
and 2675, since the plaintiff failed to file claims with the agencies as
required by the statute. Marino v. Gammel, 191 F. Supp. 2d 243 (D. Mass.
2002). [N/R]
Attorney's continued "frivolous"
filings after a warning from the court warranted a $1,000 fine and other
sanctions. Lawyer, reacting to the trial court's concern that his 34-page
civil rights complaint against various police departments "cannot
be understood" responded with a 160-page "Amended Complaint"
which "compounded the difficulties" and asserted claims that
were "legally and factually nonsensical." Leuallen v. Borough
of Paulsboro, 180 F. Supp. 2d 615 (D.N.J. 2002). [2002 LR May]
319:102 City was entitled to an award of
attorneys' fees and costs against plaintiffs and their attorney in case
where it was frivolously alleged, without sufficient evidence, that city
failed to evacuate black residents in the same manner as non-black residents
following chemical plant explosion. Walker v. City of Bogalusa, #97-31331,
168 F.3d 237 (5th Cir. 1999).
302:24 Plaintiff and his attorney ordered
to pay $3,000 each in sanctions to court clerk, as well as a total of $3,157.15
in attorneys' fees and court costs to defendant officer and judge in lawsuit
court stated was "frivolous from the start." Ivy v. Kimbrough,
115 F.3d 550 (8th Cir. 1997).
307:106 Arrestee's claim that his arrests,
incarcerations, and all court proceedings against him were unconstitutional
because courtroom flag had a yellow fringe around it and/or an eagle on
top of flag pole found "frivolous and sanctionable," trial court
rejects "American flag of peace" claim. Schneider v. Schlaefer,
975 F.Supp. 1160 (E.D. Wis. 1997).
310:152 "Rambling" 28-page complaint
filed by man who earlier pled guilty to misdemeanor theft charges, and
who sought over a half-a-billion dollars of damages on various claims against
"everybody in sight," was properly dismissed by federal court
when underlying conviction had
never been overturned; appeals court also
upholds award of $9,681.95 in sanctions against plaintiff's attorney. Anderson
v. County of Montgomery, 111 F.3d 494 (7th Cir. 1997).
294:90 Plaintiff's claim that there was a
vast conspiracy of law enforcement, entertainment, and sports figures trying
to control her personal life and contaminate her with germs was "so
bizarre and delusional" that court dismissed suit as not invoking
its jurisdiction O'Brin v. U.S. Dept of Justice, 927 F.Supp. 382 (D.Ariz
1995), aff'd, 76 F.3d 387 (9th Cir. 1996).
298:154 Restaurant patron's lawsuit arguing
that his Fourth Amendment rights were violated when he was threatened with
arrest unless he paid for allegedly overdone steak was frivolous; appeals
court imposes $18,000 attorneys' fees sanction for pursuing appeal of dismissal;
U.S. Supreme Court denies review of case Schlessinger v. Salimes, 100 F.3d
519 (7th Cir. 1996), cert denied, 117 S.Ct. 2481, 1997 U.S. Lexis 3888
(June 23, 1997).
Federal court dismisses plaintiff's civil
rights lawsuit against officer on its own motion after judge is convinced
it is frivolous Roby v. Skupien, 762 F.Supp. 813 (N.D.Ill. 1991).
Any person signing papers submitted to court
in frivolous federal lawsuits can be assessed monetary sanctions, whether
or not they are an attorney Business Guides, Inc v. Chromatic Communications
Enterprises, Inc, 111 S.Ct. 922 (1991); Cooter & Gell v. Hartmarax
Corp, 110 S ct 2447 (1990); Paveliv & LeFlore v. Marvel Entertainment
Group, 110 S.Ct. 456 (1989).
Complaint that officers failed to respond
to "911" dismissed as frivolous, racially motivated Jordan v.
City of Miami, Dept of Police, 720 F.Supp. 1543 (S.D.Fla 1989).
Political activists and organizations who
alleged they were targets of unconstitutional police surveillance causing
harm to their reputations could bring civil rights class action against
city Riggs v. City of Albuquerque, 916 F.2d 582 (10th Cir. 1990).
Protest permit could be denied for white
supremacist group which wished to protest on the same day previously reserved
for dedication of a civil rights monument based on city officials' belief
that they could not ensure public safety if both groups demonstrated at
same location nor have adequate manpower to supervise both groups if the
demonstration was held elsewhere Holland v. Wilson, 737 F.Supp. 82 (M.D.
Ala 1989).
Federal Appeals Court finds that profanities
and obscene gestures directed at police officer by car passenger were speech
and conduct protected by the First Amendment Duran v. City of Douglas,
Arizona, 904 F.2d 1372 (9th Cir. 1990).
Police officers violated news photographer's
first amendment rights by restricting his access to accident site more
than required to prevent interference with police functions Cornell v.
Town of Hudson, 733 F.Supp. 465 (DNH 1990).
Ordinance allowing establishment of police
lines to "prevent, suppress or contain" events allowed unconstitutional
discretion to prevent events protected by first amendment Leonardson v.
City of East Lansing, 896 F.2d 190 (6th Cir. 1990).
Placing of police barricade in front of abortion
clinic did not violate protester's first amendment rights Thompson v. Police
Dept of City of New York, 546 N.Y.S.2d 945 (Supp 1989).
Court dismisses lawsuit by woman who claimed
FBI and CIA continuously "drugged and hypnotized" her; allegations
appeared "to be delusional." Engle v. USA, 736 F.Supp. 670 (D.Md
1989).
Sanctions proper against attorneys who failed
to reevaluate lawsuit when discovery showed it was unwarranted; good faith,
however, prevented "harsh" sanctions Yancey v. Carroll County,
Ky, 674 F.Supp. 572 (E.D. Ky 1987).
Rule 11 sanctions for frivolous lawsuits
apply to arrestee who served as own attorney. Moore v. Surles, 673 1398
(E.D.N.C. 1987).
Defendants entitled to attorney's fees and
double costs because of frivolous brief Hamblen v. County of Los Angeles,
803 F.2d 462 (9th Cir. 1986).
Tape and police photograph did not clearly
require withdrawal of claim; sanctions against attorney reversed Oliveri
v. Thompson, 803 F.2d 1265 (2nd Cir. 1986).