Butler v. Munoz
Butler v. Munoz
Opinion
Michael Scott Butler, Texas prisoner # 574009, appeals the Fed.R.Civ.P. 11 dismissal with prejudice of his 42 U.S.C. § 1983 complaint for providing false information concerning his litigation history. We hold that the district court’s choice of sanction “exeeed[ed] the bounds of discretion” of Fifth Circuit jurisprudence. See Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir. 1993); cf. Mayfield v. Klevenhagen, 941 F.2d 346, 348 (5th Cir. 1991). The district court must impose the least severe sanction adequate. Mendoza, 989 F.2d at 197. The judgment of dismissal is therefore VACATED and the case REMANDED for imposition of a less onerous sanction.
VACATED AND REMANDED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.