[Download] "Miltier v. Downes" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Miltier v. Downes
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 11, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
PHILLIPS, Circuit Judge Counsel for the claimant in this case were sanctioned under Rule 11, Fed. R. Civ. P., on the grounds that they opposed a summary judgment motion as to defendants, Wardens Ann Downes and Shirley Burton (the wardens), despite having no sound basis in fact or law for their claim against these defendants. Counsel took this appeal from the district court's order imposing a monetary sanction. Because we are not satisfied that the district court made an independent inquiry into counsel's position viewed at the time of the summary judgment motion, or considered the proper factors in awarding a monetary sanction, we vacate and remand for reconsideration in light of our opinion. I