471 F. App'x 336
5th Cir.2012Background
- Greer, a wheelchair user, sued RISD under ADA Title II and the Rehabilitation Act over accessibility at Berkner B stadium (bleacher seating, restrooms, curb cuts, ramp access, and track).
- Parties cross-moved for summary judgment; RISD sought to amend defenses to include undue-burden and discovery was reopened for that issue.
- Greer added broader accessibility claims; RISD filed its Third Amended Answer; dispute centered on the proper standard for existing facilities versus new construction under ADA provisions.
- District court granted partial summary judgment for RISD and Greer on other issues, and later taxed costs against Greer; Greer challenged this and pursued sanctions-related motions.
- RISD moved for attorneys’ fees under 28 U.S.C. § 1927 and Fed. R. Civ. P. 54; magistrate recommended fees; district court awarded partial fees and paralegal costs; Greer appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1927 sanctions were proper | Greer contends no bad faith or reckless conduct | RISD argued counsel’s conduct was reckless and multiplied proceedings | Yes; district court did not abuse discretion; sanctions upheld |
| Whether magistrate’s factual findings about counsel conduct are supported | Greer asserts no willful misconduct evidenced | RISD points to documented mischaracterizations and baseless arguments | Yes; findings supported and adopted by district court |
| Whether the undue-burden defense had a proper evidentiary basis | Greer argues defense was asserted in bad faith | RISD had substantial discovery materials supporting the defense | Yes; defense supported by record and properly found in good faith |
| Whether the fee award was properly limited to vexatious conduct | Greer challenges lack of full segregation of fees tied to frivolous conduct | RISD sought fees tied to unreasonable conduct; full amount justified by record | Yes; district court did not abuse discretion in not further segregating fees |
Key Cases Cited
- Edwards v. General Motors Corp., 153 F.3d 242 (5th Cir. 1998) (bad-faith or reckless conduct required for § 1927 sanction)
- Browning v. Kramer, 931 F.2d 340 (5th Cir. 1991) (sanctions may be penal and strict construction of § 1927)
- Travelers Ins. Co. v. St. Jude Hosp. of Kenner, La., Inc., 38 F.3d 1414 (5th Cir. 1994) (district court best positioned to assess conduct; sanctions without a hearing sometimes appropriate)
- Lewis v. Brown & Root, Inc., 711 F.2d 1287 (5th Cir. 1983) (illustrates standards for sanctionable conduct)
- Meadowbriar Home for Children, Inc. v. Gunn, 81 F.3d 521 (5th Cir. 1996) (district court’s findings aid abuse-of-discretion review in sanctions)
- Topalian v. Ehrman, 3 F.3d 931 (5th Cir. 1993) (requirement of explicit sanctionable conduct for review)
- Procter & Gamble Co. v. Amway Corp., 280 F.3d 519 (5th Cir. 2002) (necessity of reviewing records to determine fee reasonableness and conduct)