IN RE KUNSTLER

No. 89-2815.

914 F.2d 505 (1990)

In re William M. KUNSTLER. In re Barry NAKELL. In re Lewis PITTS, Appellants, ROBESON DEFENSE COMMITTEE; Carnell Locklear; Mary Sanderson; Thelma Clark; Eleanor Jacobs; Betty McKellar; Eddie Hatcher; Timothy Bryan Jacobs, Plaintiffs, v. Joe Freeman BRITT; Richard Townsend; Lee Sampson; Hubert Stone; Lacy Thornburg; Robert Morgan; James Bowman; SBI Doe, I; SBI Doe, II; SBI Doe, III; Deputy Sheriff Doe, I; Deputy Sheriff Doe, II; Deputy Sheriff Doe, III; Deputy Sheriff Doe, IV; Deputy Sheriff Doe, V; Da Doe, I; Da Doe, II; Da Doe, III; Robeson County; Defendants-Appellees, The North Carolina Association of Black Lawyers; North Carolina Civil Liberties Union; North Carolina Academy of Trial Lawyers; National Lawyers' Guild, North Carolina Chapter, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1990.

As Amended October 12, 1990.


Attorney(s) appearing for the Case

Morton Stavis, Center for Constitutional Rights, New York City (George Cochran, Law Center, University, Miss., Jerold Solovy, Laura Kaster, Jenner & Block, Chicago, Ill., on brief), for appellants.

David Roy Blackwell, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., Joan H. Byers, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., Steven C. Lawrence, Anderson, Broadfoot, Johnson & Pittman, Fayetteville, N.C., on brief), for appellees.

Jonathan D. Sasser, Moore & Van Allen, Durham, N.C., Martha A. Geer, Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence, Raleigh, N.C., for amici curiae North Carolina Civ. Liberties Union, The North Carolina Academy of Trial Lawyers, and The North Carolina Ass'n of Black Lawyers.

J. Phillip Griffin, Jr., Sherri Zann Rosenthal, Katherine A. Hermes, Law Student, Durham, N.C., for amicus curiae North Carolina Chapter of the Nat. Lawyers Guild.

Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, Washington, D.C., for amici curiae The Washington Legal Foundation, U.S. Senator Jesse Helms, U.S. Representatives Howard Coble and J. Alex McMillan, and The Allied Educational Foundation.

Before CHAPMAN, WILKINSON and WILKINS, Circuit Judges.


CHAPMAN, Circuit Judge:

Three attorneys appeal the award of Rule 11 sanctions against them in the amount of $122,834.28. Appellants were sanctioned following the dismissal of a 42 U.S.C. § 1983 action, in which they represented certain plaintiffs seeking monetary damages and injunctive relief from the Governor of North Carolina, a number of North Carolina district attorneys, a sheriff, certain State Bureau of Investigation officers, the State Attorney General...

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