In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney Weinberg

Plaintiffs Jerry Brown and Gerry Fleischer appeal from the district court’s grant of a directed verdict upon the motion of defendants Michael Baden and Sidney Weinberg. Plaintiffs’ counsel, Stephen Yagman, appeals from the district court’s imposition of sanctions against him individually and against his professional corporation. We affirm the directed verdict and reverse the order of sanctions.

BACKGROUND

On June 2, 1981, in Signal Hill, California, Signal Hill police officer Jerry Brown arrested Reginald Ronell Settles, a football star at nearby California State University at Long Beach. While attempting to book Settles at the Signal Hill station, a scuffle took place between Brown and Settles. Police cadet Gerry Fleischer came to Brown’s aid and helped subdue Settles. Brown then finished the booking procedure and Settles was taken to a holding cell. About one hour later, Settles was found dead in his cell, hanging by the neck from a mattress cover which had been looped over the cell’s door jam.

The death and subsequent events were extensively publicized in the local media. An autopsy conducted by the Los Angeles County Coroner’s office, which found multiple traumatic injuries…