Lee Edward Warren v. Douglas Guelker

Defendant-Appellant Guelker (“appellant”) brings this appeal from the district court’s denial of his Rule 11 motion for sanctions in the above-captioned case. Appellant contends that the district court failed to properly consider Rule 11 sanctions, where plaintiff Lee Edward Warren (“Warren”), a former prisoner at McNeil Island Corrections Center (MICC), frivolously filed a civil rights complaint in federal court. For the reasons stated below, we find that the district court erred by entering an order which “declined” to order sanctions upon a motion brought under Fed.R.Civ.P. 11, without ever determining whether a violation of Rule 11 had occurred.

I. Factual Background

Warren filed a civil rights complaint in this case on or about August 7, 1992, in the United States District Court for the Western District of Washington. On September 2, 1992, the district court approved Warren’s application for in forma pauperis status, and ordered that defendant be served. Warren alleged that he was assaulted by a staff cook while he was incarcerated at MICC on August 15, 1989.

In Warren’s complaint, he answered “no” to the question concerning whether he had “begun other lawsuits in state or…