634 F. App'x 676
11th Cir.2015Background
- Forsberg sued her boss, James Pefanis, for inappropriate touching and lewd comments; a coworker (David Popke) was central to the credibility dispute.
- Pefanis submitted a statement purportedly from Popke denying he saw the conduct; the district court later considered two declarations from Popke denying authorship and stating he did see Pefanis grope Forsberg.
- The district court struck Pefanis’s answer as a sanction for submitting the false statement and Forsberg proceeded to a jury trial on the complaint.
- The jury found for Forsberg on a § 1985 claim and awarded punitive damages but awarded no compensatory damages on that claim.
- A grand jury later indicted Pefanis for the false statement; he pleaded guilty to conspiracy to obstruct justice, admitting knowledge that the statement was false and that he testified falsely about Popke.
- Pefanis moved for relief from the judgment alleging fraud on the court by Forsberg and her attorneys; the district court denied the motion.
Issues
| Issue | Plaintiff's Argument (Forsberg) | Defendant's Argument (Pefanis) | Held |
|---|---|---|---|
| Whether the district court abused its discretion by considering Popke’s later declarations instead of live testimony | Court may consider affidavits/declarations under Rule 43(c); Popke’s declarations were properly before the court | Live testimony was required on an outcome-determinative, contested, factual issue; proceeding on declarations violated due process and confrontation-type rights | No abuse of discretion; Rule 43(c) permits affidavits and Pefanis forfeited complaints about lack of live testimony and declined chances to depose Popke |
| Whether striking Pefanis’s answer was an abuse of discretion as a sanction for submitting the false Popke statement | Striking was warranted to address fabricated evidence and prejudice to Forsberg | Sanction excessive because statement was unsworn, inadmissible, not used at trial, and monetary sanctions would suffice | No abuse of discretion; inherent-power sanctions appropriate for fabricated evidence and lesser sanctions were insufficient |
| Whether punitive damages under 42 U.S.C. § 1985 require an underlying award of compensatory damages | Punitive damages permitted when defendant acted with evil motive or reckless indifference to rights | Punitive damages cannot be awarded absent compensatory damages | Punitive damages are permissible independent of compensatory damages under § 1985 |
| Whether the district court erred in denying Pefanis’s motion for relief from judgment alleging fraud on the court | Denial was improper because Forsberg and counsel engaged in fraud, perjury, and false affidavits | No clear-and-convincing evidence of fraud on the court; allegations are conclusory or ordinary perjury/non-disclosure | No abuse of discretion; fraud-on-the-court burden not met and allegations were conclusory or not the type of fraud required |
Key Cases Cited
- Hamilton v. Southland Christian Sch., Inc., 680 F.3d 1316 (11th Cir. 2012) (failure to develop argument forfeits review)
- Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298 (11th Cir. 2009) (district court’s inherent-power sanctions reviewed for abuse of discretion)
- Locklin v. Switzer Bros., 348 F.2d 244 (9th Cir. 1965) (affidavit-based contempt reversed where cross-examination was necessary)
- Combs v. Rockwell Int’l Corp., 927 F.2d 486 (9th Cir. 1991) (false or altered evidence can justify dismissal as a sanction)
- Hennessy v. Penril Datacomm Networks, Inc., 69 F.3d 1344 (7th Cir. 1995) (statute’s language does not condition punitive damages on compensatory award)
- Davis v. Locke, 936 F.2d 1208 (11th Cir. 1991) (punitive damages available in civil rights cases absent compensatory damages when defendant acted with evil motive)
- Booker v. Dugger, 825 F.2d 281 (11th Cir. 1987) (fraud-on-the-court requires clear and convincing proof)
- Rozier v. Ford Motor Co., 573 F.2d 1332 (5th Cir. 1978) (failure to disclose material facts does not necessarily constitute fraud on the court)