Zimmerman

Opinion by Judge LEAVY; Partial Concurrence and Partial Dissent by Judge REINHARDT.

OPINION

FACTS AND PRIOR PROCEEDINGS

This case arose when the appellant, Robert Lee Zimmerman, was arrested for trespass while a house guest of the Kanes, who were squatters in a shack on property owned by the Bishop Estate of Hawaii. In early 1988, the Kanes moved onto the property. In March 1988, Mrs. Kane’s father wrote to the Bishop Estate and requested permission for his daughter to be appointed caretaker of the property. Permission was declined in April 1988. In June 1988, the Bishop Estate sent the Kanes a letter warning them that they were trespassing by residing on the property and that they had to vacate. The letter was followed by visits by Elaine Dung Brown, the Bishop Estate land manager, and by Peter Bertulfo, the caretaker appointed by the Estate. Bertulfo, a police officer, entered into a tenancy agreement with the Bishop Estate on October 24, 1988.

On October 26, 1988, Brown and Bertulfo went to the property and warned the Kanes that they had to leave. The family agreed to vacate in five days. On October 31, 1988, Brown and Bertulfo returned with a police officer and after…

concurring specially in part and dissenting in part:

I.

I respectfully dissent from Part 6.b of the majority opinion, but concur in all other parts. The majority concludes that this is an “exceptional” case and that the district court properly awarded sanctions against Zimmerman. See Maj.Op., supra, at 789-790. I disagree. In my opinion, this case is not so “exceptional” that it warrants the imposition of discovery sanctions against a civil rights plaintiff. Accordingly, I would reverse the district court’s award as an abuse of discretion.

It is clear that Zimmerman, a perennial candidate for office and a gadfly, was a nuisance to the establishment, to Bishop Estate, and to a number of Hawaiian governmental entities. Most communities have their Zim-mermans, and few are delighted by their presence. In truth, the Zimmermans of this world are frequently obstreperous. They even get under the skin of federal judges. Still, tolerance rather than retribution should be the order of the day in our courts.

Here, the disputed sanctions were imposed after Zimmerman sued Bishop Estate under both 42 U.S.C. § 1983 and Hawaiian common law. He alleged that Bishop Estate, a powerful force in…