Gallop v. Cheney
667 F.3d 226
| 2d Cir. | 2012Background
- Gallop alleged constitutional rights violations and other claims against former senior officials for 9/11-related conduct; district court dismissed as frivolous.
- This Court previously sanctioned Gallop’s counsel for filing a frivolous appeal and related conduct (Gallop I).
- Veale signed the disqualification motion; Cunningham claimed he was the primary author in affidavits and responses.
- We sanctioned Veale for the disqualification motion; Cunningham faced potential separate sanctions for his role.
- In Gallop III, we imposed sanctions on Veale and Gallop’s counsel and directed Cunningham to show cause for separate sanctions.
- This opinion determines whether Cunningham’s conduct warrants additional sanctions and whether Ndanusa’s sanctions should be vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cunningham should receive additional sanctions | Cunningham led drafting; acted in bad faith. | Cunningham acted zealously in advocacy; good faith defense plausible. | Yes; Cunningham sanctioned for bad faith conduct with notice requirement. |
| Whether Ndanusa's sanctions should be vacated | Ndanusa assisted locally; shared responsibility with others. | Ndanusa not involved in main decisions; no fault assigned. | Sanctions against Ndanusa vacated. |
| Whether Veale’s prior sanctions should be continued or clarified | Veale remains culpable for filing the disqualification motion. | Veale already sanctioned; no further action needed beyond existing order. | Veale’s sanctions reaffirmed; one-year notice requirement remains in effect. |
| Scope of notice requirement on Cunningham | One-year notice sufficient to ensure court awareness. | Broader notice may be necessary across circuits. | Notice obligation fixed for one year; failure may trigger further sanctions. |
Key Cases Cited
- Gallop v. Cheney, 642 F.3d 364 (2d Cir. 2011) (sanctions for frivolous appeal; Gallop I)
- Gallop v. Cheney, 645 F.3d 519 (2d Cir. 2011) (Gallop II; panel disqualification denied)
- Gallop v. Cheney, 660 F.3d 580 (2d Cir. 2011) (Gallop III; sanctions for Veale and others)
- Chambers v. NASCO, Inc., 501 U.S. 32 (U.S. Supreme Court 1991) (inherent power to sanction; bad faith and vexatious conduct)