Leanna Smith v. Banner Health Systems

MEMORANDUM

Smith appeals from the district court’s order granting summary judgment in favor of defendants Banner Health Systems and its employee Dr. Scott Elton (collectively “Banner”), and the order granting summary judgment in favor of the State of Arizona, the Arizona Department of Economic Security, Arizona Child Protective Services, and state employees Bonnie Brown, Tammy Hamilton-MacAlpine, and Laura Pederson. Consolidated with these appeals is an appeal of the district court’s order awarding fees to Banner Health under 42 U.S.C. § 1988 and imposing sanctions against Smith and her counsel pursuant to Federal Rule of Civil Procedure 37 and 28 U.S.C. § 1927 . We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part, vacate in part, and remand.

1. Smith challenges the grant of summary judgment to Banner, asserting that the district court violated Federal Rule of Civil Procedure 56(f) by failing to provide her with notice and an opportunity to respond prior to granting summary judgment on grounds not raised by Banner. Smith brought two claims against Banner.

The first claim, brought under state law, alleged that Banner had intentionally interfered with Smith’s…