Corrigan

Corrigan v. King County Deputy

Good Law
235 F. App'x 472
United States Court of Appeals for the Ninth CircuitJuly 23, 2007No. 06-35998California255 words

Opinion

Lead Opinion

MEMORANDUM **

John L. Corrigan appeals the district court’s imposition of sanctions under Federal Rule of Civil Procedure 11. We review the imposition of Rule 11 sanctions for abuse of discretion, which may be found if the district court based its decision on an erroneous view of the law or on a clearly erroneous factual finding. See Retail Flooring Dealers of Am., Inc. v. Beaulieu of Am., LLC, 339 F.3d 1146 , 1150 (9th Cir.2003). We affirm.

Litigants are subject to Rule 11 sanctions for, among other reasons, presenting to the court “claims, defenses, and other legal contentions ... [not] warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.” Fed.R.Civ.P. 11(b)(2).

After carefully examining Corrigan’s arguments, the district court concluded that his claims were frivolous. See Warren v. Guelker, 29 F.3d 1386, 1390 (9th Cir.1994) (noting that a litigant’s pro se status must be considered when assessing claims for frivolousness). The court gave Corrigan an opportunity to produce evidence showing that his one potentially nonfrivolous argument had a factual basis. Corrigan failed to do…

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