United States Tenth Circuit

Dismissal with prejudice of a prisoner's 42 U.S.C. section 1983 suit, as a sanction for discovery abuse under FRCP 37(a)(2)(B), was an abuse of discretion insofar as it was based on an erroneous legal conclusion regarding plaintiff's refusal to be deposed absent court order. Remanded for further consideration as to other discovery violations.

Appellate Information

• Decided 06/11/2003
• Published 06/11/2003

Judges

• McCONNELL, Circuit Judge., Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  Michael Eugene Ashby, pro se.


• For Appellees:
  
• Melanie B. Lewis of Hall & Evans, Denver, CO, for Defendants-Appellees.