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Roth v. Green

466 F.3d 1179 (2006)

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Roth v. Green

United States Court of Appeals for the Tenth Circuit
466 F.3d 1179 (2006)

  • Written by Haley Gintis, JD

Facts

Stephen Roth and Ellen Gumeson (plaintiffs) filed a 42 U.S.C. § 1983 claim against multiple Colorado officials (defendants). The claim alleged that a ruse conducted by the Colorado drug taskforce was unconstitutional. The ruse involved signs on a highway indicating that a drug checkpoint was ahead for the purpose of investigating any suspicious activity taking place after the sign was in view. The officials moved to dismiss the complaint. The district court granted the motion. Roth and Gumeson appealed. The appeal was denied. The officials then filed motions to impose sanctions against plaintiff attorney Robert Mulhern under Federal Rule of Civil Procedure (FRCP) 11 and to order Mulhern to pay the litigation costs incurred under 28 U.S.C. § 1927. Roth and Gumeson filed a similar motion, which the district court dismissed. The district court found that the § 1983 claim violated FRCP 11, and Mulhern was ordered to pay $92,000 under § 1927. Mulhern appealed. The court of appeals affirmed. A group of the officials then filed a motion for an additional award of attorney’s fees pursuant to the appeal. The court of appeals granted the motion. On remand, the district court directed Roth and Gumeson to pay $12,000 in fees. The decision was appealed.

Rule of Law

Issue

Holding and Reasoning (Briscoe, J.)

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