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O'MALLEY v. NEW YORK CITY TRANSIT AUTHORITY

No. 256, Docket 89-7450.

896 F.2d 704 (1990)

Thomas J. O'MALLEY, Plaintiff-Appellee, v. NEW YORK CITY TRANSIT AUTHORITY and Anthony A. Ardolino, Janet Holt, Helaine Finnegan, Brian Frohlinger, Evelyn Jonas, and Al Cosenza, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 20, 1990.

Attorney(s) appearing for the Case

Sharon Simon, Carle Place, N.Y. (Leeds & Morelli, of counsel), for plaintiff-appellee.

Edward F. Zagajeski, Brooklyn, N.Y. (Albert C. Cosenza, of counsel), for defendants-appellants.

Before VAN GRAAFEILAND, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

On this appeal we consider whether the district court erred by not imposing any sanction pursuant to rule 11 of the Federal Rules of Civil Procedure after it found that plaintiff's claim based on the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68, was baseless. In accordance with rule 11, we hold that some sanction is mandatory once a district court finds a complaint to be groundless, and we...

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