DeSheila Howlett v. City of Warren, Mich.
19-2460
| 6th Cir. | Aug 4, 2021Background
- Plaintiff DeSheila Howlett sued the City of Warren and three police officers; the district court denied in part defendants’ motion for summary judgment (including denial of qualified immunity for the officers and denials on the City’s Title VII and Monell defenses).
- Defendants appealed the denial; Howlett moved to dismiss for lack of a final, appealable order under 28 U.S.C. § 1291.
- This Court granted Howlett’s dismissal motion and issued an order to show cause why defendants should not be sanctioned under Federal Rule of Appellate Procedure 38 for a frivolous appeal; defendants responded.
- The panel concluded the individual officers’ interlocutory qualified-immunity appeal was not frivolous and declined to sanction them, but found the City’s appeal of Title VII and Monell claims frivolous because the City conceded it had no reasonable expectation of success and effectively abdicated evaluating its own arguments.
- The Court found the City’s appeal prosecuted for improper purposes (delay/harassment), relied on precedent (McDonald) awarding sanctions in similar circumstances, and ordered the City to pay Howlett $1,500 within 30 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appealability of interlocutory denials of summary judgment and the qualified-immunity exception | Howlett: No final, appealable order; lack of jurisdiction under § 1291 | Defendants: Qualified-immunity denial is an exception permitting interlocutory review; other arguments preserved to avoid abandonment | Interlocutory denials are generally not appealable, but qualified-immunity denials may be reviewed; individual officers’ qualified-immunity appeal was not frivolous |
| Whether the City’s appeal of Title VII and Monell rulings was frivolous and sanctionable under FRAP 38 | Howlett: City’s appeal was frivolous and aimed to waste resources; seek dismissal and fees | City: Advanced non-qualified-immunity arguments to avoid abandonment and expected the Court to discard procedurally improper portions | City conceded no expectation of success on Title VII/Monell; appeal was frivolous and prosecuted for improper purposes; sanction of $1,500 awarded to Howlett |
| Whether individual officers should be sanctioned for their qualified-immunity appeal | Howlett: Sought sanctions against all appellants | Officers: Argued qualified-immunity appeal was reasonably pursued | Sanctions declined as to individual officers—the qualified-immunity appeal presented a nonfrivolous basis |
| Whether sanctions may be assessed appellant-by-appellant where some appeals are cognizable and others are not | Howlett: Sanctions against city warranted despite individual appeals | Defendants: City’s deficient appeal is unsanctionable because individuals had a cognizable appeal | Court may assess sanctions separately by appellant; McDonald supports per-appellant analysis, so City sanctioned independently |
Key Cases Cited
- Johnson v. City of Saginaw, 980 F.3d 497 (6th Cir. 2020) (interlocutory denials of summary judgment usually not appealable)
- Marvaso v. Sanchez, 971 F.3d 599 (6th Cir. 2020) (discussing qualified-immunity interlocutory-appeal exception)
- McDonald v. Flake, 814 F.3d 804 (6th Cir. 2016) (sanctions upheld against a city for a futile interlocutory Monell appeal; supports per-appellant sanctions)
- Allinder v. Inter-City Prods. Corp., 152 F.3d 544 (6th Cir. 1998) (standard for when appellate sanctions are appropriate)
- Moross Ltd. P’ship v. Fleckenstein Cap., Inc., 466 F.3d 508 (6th Cir. 2006) (defines frivolous appeal as having no reasonable expectation of altering the judgment)
- Bridgeport Music, Inc. v. Smith, 714 F.3d 932 (6th Cir. 2013) (appeals prosecuted for delay or harassment are sanctionable)
- Dubay v. Wells, 506 F.3d 422 (6th Cir. 2007) (explains the deterrent purpose of Rule 38 attorney-fee awards)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (establishes municipal liability principles)