Abdeljalil v. City of Fort Worth
Abdeljalil v. City of Fort Worth
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-10100 Summary Calendar
LAURIE ABDELJALIL, on behalf of Marcus Walker, on behalf of Sarah Walker, on behalf of Khaled Kasem Abdeljalil, on behalf of Kasem Mahmoud Abdeljalil, Individually and as Natural Parent and Next Friend of Marcus Walker, a Minor and Sarah Walker, a Minor, and as the Administratrix and Personal Representative of the Estate of Khaled Kasem Abdeljalil, Deceased, and Kasem Mahmoud Abdeljalil,
Plaintiff,
JIMMIE A. FRANKLIN,
Appellant,
versus
THE CITY OF FORT WORTH; TAMMY RACHALL, In her Individual and Official Capacity; SHIRLEY WALKER, In her Individual and Official Capacity,
Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CV-342-A - - - - - - - - - - September 11, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges
PER CURIAM:*
Jimmie Franklin, attorney for plaintiffs, appeals from the
district court’s order imposing a $500 sanction pursuant to FED. R.
CIV. P. 11(b). We review a Rule 11 sanction order for an abuse of
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 99-10100 -2-
discretion. See Thomas v. Capital Sec. Servs., Inc.,
836 F.2d 866, 872(5th Cir. 1988)(en banc). A very deferential standard of
review is used because “the district court is better situated than
the court of appeals to marshal the pertinent facts and apply the
fact-dependent legal standard mandated by Rule 11.” Cooter & Gell
v. Hartmarx Corp.,
496 U.S. 384, 402(1990).
The district court imposed the instant Rule 11 sanction
because it held that the claims filed against defendant Tammy
Rachall were without substance. After review of the record and
briefs, we hold that, in light of the deferential standard of
review, the district court did not abuse its discretion in imposing
the instant sanction against Franklin.
Accordingly, the district court’s imposition of a $500
sanction against Franklin is AFFIRMED.
Reference
- Status
- Unpublished