Johnson v. Lubbock County Texas
Johnson v. Lubbock County Texas
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-11122 Summary Calendar
OILLE FITZGERALD JOHNSON, Plaintiff, versus
LUBBOCK COUNTY, TX.; ET AL.,
Defendants, RICHARD HAYNES; JOSEPH LANZA; JOHN S. POWELL, STEVE SUMNER; REBECCA HAMILTON, Appellants. ________________________________________________
Appeal from the United States District Court for the Northern District of Texas USDC No. 5:00-CV-255-C ________________________________________________ March 8, 2002
Before POLITZ, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Richard Haynes, Joseph Lanza, John S. Powell, Steven Sumner, and Rebecca Hamilton, attorneys for Ollie Fitzgerald Johnson, appeal a sanction order imposed
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. by the district court, warning that future misconduct would warrant the imposition of severe sanctions. They contend that the sanction order is too ambiguous to be
enforceable. They also maintain that the district court did not make a specific
finding that their actions constituted misconduct or a disruption in the district court’s proceedings. The record reflects that the district court did make a specific finding
that the appellants made misrepresentation to the court by misquoting the language
of the court’s previous orders to file a more definite statement regarding their fraud
claims, and by omitting certain language from the previous orders. The district court did not abuse its discretion in issuing a warning that any future misconduct by the appellants would warrant the imposition of sanctions.1 AFFIRMED.
1 See Scaife v. Associated Air Center, Inc.,
100 F.3d 406, 411(5th Cir. 1996). 2
Reference
- Status
- Unpublished