United States Tenth Circuit

An order awarding defendants attorney's fees under 28 U.S.C. section 1927 as a sanction is reversed in part where the district court abused its discretion in: 1) awarding sanctions based on a 42 U.S.C. section 1983 claim since plaintiff acquiesced in defendant's first and only attempt to dismiss that claim; and 2) awarding fees for defendant's preparation of a motion to dismiss.

Appellate Information

• Decided 03/14/2006
• Published 03/14/2006

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, ANDERSON, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   John B. Gage, Gage Law Firm, Overland Park, KS, Pro se-Appellant.


• For Appellees:
  
• J. Nick Badgerow, Jeannie DeVeney, Michael C. Leitch, Spencer, Fane, Britt & Browne LLP, Overland Park, KS, for Appellees.