Rose v. Batson v. Neal Spelce Associates, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this appeal we consider whether the district court abused its discretion in dismissing a civil rights plaintiff’s complaint with prejudice and assessing over $30,000 in attorney’s fees and costs for failure to comply with a discovery order. We hold that sanctions were appropriate but that the district court abused its discretion in this instance by the severity of those imposed. Accordingly, we remand for a reconsideration and reassessment of sanctions in the light of this opinion.
I
Rose V. Batson (Batson), the appellant, filed suit on March 8, 1983, in…
2Cases cited12 opinions
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Hall v. ColeSupreme Court of the United States · 1973
- Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by174 opinions
- Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff AbnerCourt of Appeals for the Fifth Circuit · 1987
- Nissho-Iwai American Corporation v. R. Sukarno Kline, Individually and D/B/A Frankenburg Import-Export Ltd.Court of Appeals for the Fifth Circuit · 1988
- United States of America for the Use of M-Co Construction, Inc. v. Shipco General, Inc.Court of Appeals for the Fifth Circuit · 1987
- Amiker v. Drugs for Less, Inc.Mississippi Supreme Court · 2000
- Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002
169 more not listed; retrieve them via the Exa API.