Gaskell

OVERVIEW

Attorney Richard A. Canatella appeals the district court’s orders imposing Rule 11 sanctions against him for filing a frivolous complaint, and denying his motion for Rule 11 sanctions against the defendants-appellees. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. We also impose sanctions under Federal Rule of Appellate Procedure 38 in favor of the appellees and against Cana-tella in the amount of the appellees’ reasonable attorney fees incurred in defending against some of the issues raised in this appeal. We remand to the district court for a determination of the amount of these fees.

FACTS AND PROCEEDINGS

Canatella prepared and filed a complaint, and a first amended complaint, in this lawsuit. He asserted that the defendants-appel-lees conspired to deprive his clients, Fred and Joan Gaskell, of rights protected by the Fourteenth Amendment, in violation of 42 U.S.C. § 1983 .

The alleged violation resulted from the settlement of a wrongful death action. Janine Hall, the Gaskells’ daughter, murdered Nicholas Schiavello, the son of Leo and Christina Schiavello. After Hall was convicted of this crime, the Schiavellos filed a lawsuit in state court against…