Stanard v. Nygren
658 F.3d 792
| 7th Cir. | 2011Background
- Stanard built an outdoor amphitheater on his rural McHenry County property and hosted events.
- He alleges Sheriff Nygren coerced him to hire off-duty deputies at inflated rates as private security, threatening to close the road to his property.
- The complaint named Nygren (individual and official capacities), 22 deputies, McHenry County, and unknown defendants, asserting numerous federal and state claims as a group against all defendants.
- District court found the second amended complaint incomprehensible and failed to comply with Rules 8 and 10, dismissing with prejudice.
- The court later denied Maksym three chances to replead, culminating in dismissal with prejudice; on appeal, Stanard contests only the denial of leave to amend and the dismissal, while Maksym’s briefing and conduct are criticized; court orders to show cause regarding discipline of Maksym were issued.
- The Seventh Circuit affirmed the district court’s dismissal with prejudice, citing repeated failure to cure deficiencies and noncompliance with court directives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying leave to amend | Stanard argues leave to amend should have been granted | Defendants contend the court acted within discretion to deny based on serious deficiencies | No abuse of discretion; denial affirmed |
| Whether the dismissal with prejudice was appropriate given Maksym’s failures | Stanard argues errors in pleading were curable | Defendants assert repeated failure to cure and disregard for court orders warrant prejudice | Dismissal with prejudice affirmed |
| Whether sanctions against Maksym for appellate briefing were warranted | Maksym claims inadequate opportunities to correct | Court may discipline for deficient briefing and noncompliance with rules | Sanctions and potential suspension appropriate; show-cause order issued |
Key Cases Cited
- Davis v. Ruby Foods, Inc., 269 F.3d 818 (7th Cir.2001) (abuse of discretion standard for leave to amend; undue delay and failure to cure deficiencies)
- Arreola v. Godinez, 546 F.3d 788 (7th Cir.2008) (leave to amend denied for repeated failure to cure deficiencies)
- Foman v. Davis, 371 U.S. 178 (1962) (liberal amendment policy; discretion to deny where prejudice or futility shown)
- Airborne Beepers & Video, Inc. v. AT&T Mobility LLC, 499 F.3d 663 (7th Cir.2007) (district court may dismiss for repeated failure to plead properly)
- Garst v. Lockheed-Martin Corp., 328 F.3d 374 (7th Cir.2003) (unintelligibility can justify dismissal where notice is lacking)
- Palka v. Shelton, 623 F.3d 447 (7th Cir.2010) (standard of review for dismissal orders in pleadings)
- Hukic v. Aurora Loan Servs., 588 F.3d 420 (7th Cir.2009) (abuse of discretion review for leave to replead)
- Davis v. City of Chicago, ? (?) ((contextual reference to Rule 8/10 pleading standards))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Sup. Ct.2007) (pleading must state a plausible claim)
