Jerry Michael Conn v. Cso Borjorquez, and Frank Terry, Major, Employed at Arizona State Prison--Florence

Defense counsel, Lynn W. Abney, seeks to vacate the “Order and Reprimand” entered against her by the district court under Fed.R.Civ.P. 11. We hold that the district court abused its discretion by sanctioning Ms. Abney and vacate the district court’s order.

FACTS

This appeal arises out of a 42 U.S.C. § 1983 action brought by Arizona state prisoner Jerry Conn in the U.S. District Court for the District of Arizona. Conn alleged that prison official Frank Terry deprived him of his First Amendment rights by issuing a disciplinary order preventing him and others from purchasing writing materials or postage for a thirty day period. Lynn W. Abney, an Arizona State Assistant Attorney General, represented defendant Major Frank Terry.

Initially, the district court granted summary judgment for defendants, but we reversed and remanded finding a disputed issue of material fact on the issue of damages. Before the district court could proceed with trial, the Supreme Court decided Will v. Michigan Dept, of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989). In that case, the Court held that state officials acting in their official capacities are not persons subject to suit for…