Commercial Litigation and Arbitration

Dismissal Appropriate Sanction for Deceiving the Court with False and Misleading Evidence

Brush v. Szekrenyi, 2012 U.S. App. LEXIS 23908 (9th Cir. Nov. 13, 2012):

The district court did not abuse its discretion by dismissing Brush's action as a sanction after reviewing the evidence before it and concluding that Brush submitted fraudulent affidavits concerning alleged violations of his Eighth Amendment rights. See Truesdell v. S. Cal. Permanente Med. Grp., 293 F.3d 1146, 1153 (9th Cir. 2002) (Fed. R. Civ. P. 11 allows sanctions if a filing is either legally frivolous or factually misleading); Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 348 (9th Cir. 1995) (a district court may exercise its inherent power to dismiss an action as a sanction when a party willfully deceives the court).

Share this article:


Recent Posts