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MILTIER v. DOWNES

Nos. 90-1119, 90-1137.

935 F.2d 660 (1991)

Katherine MILTIER, Administratrix of the Estate of Gwendolyn Miltier, Plaintiff-Appellant, v. Ann F. DOWNES; Shirley Burton, Defendants-Appellees, and Charles F. Beorn, MD; Leon Dixon, MD; Robert W. Fry, MD; Reva H. Barker, HnT; Mary Spencer, RN; Kay Upton, RN; Ray Kessler; Edward W. Murray; Allyn R. Seilaff; John Doe, Warden and other Unknown Named Wardens of Virginia Correctional Center for Women, Individually and Officially, Defendants. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Christopher Vincent Tisi, argued, Ashcraft & Gerel, Washington, D.C. (Susan Minkin, Patrick S. Guilfoyle, Ashcraft & Gerel, Washington, D.C., on the brief) for plaintiff-appellant.

Paul A. Simpson, argued, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Va. (Michael P. Falzone, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Va., on the brief), for defendants-appellees.

Before HALL and PHILLIPS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PHILLIPS, Circuit Judge:

Counsel for the claimant in this case were sanctioned under Rule 11, Fed.R.Civ.P., on the grounds that they opposed a summary judgment motion as to defendants, Wardens Ann Downes and Shirley Burton (the wardens), despite having no sound basis in fact or law for their claim against these defendants. Counsel took this appeal from the district court's order imposing a monetary sanction. Because we are...

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