MORRISON v. WALKER

No. 18-40846.

939 F.3d 633 (2019)

Stella MORRISON, Plaintiff-Appellant, John Stephen Morgan, Appellant, v. Layne WALKER; Jefferson County, Texas; Deputy Anthony Barker; Thomas Maness, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 1, 2019.


Attorney(s) appearing for the Case

John Stephen Morgan , Morgan Law Firm, Beaumont, TX, Byron Charles Keeling , Keeling & Downes, P.C., Houston, TX, for Plaintiff-Appellant.

John Stephen Morgan , Morgan Law Firm, Beaumont, TX, Byron Charles Keeling , Keeling & Downes, P.C., Houston, TX, for Appellant.

Mark Christopher Sparks , Jane Swearingen Leger , Attorney, Ferguson Law Firm, Beaumont, TX, Kimberly Kay Coogan , Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendant-Appellee LAYNE WALKER.

Kathleen Marie Kennedy , Chief Counsel, District Attorney's Office for Jefferson County — Civil Division, Beaumont, TX, for Defendants-Appellees JEFFERSON COUNTY, TEXAS, DEPUTY ANTHONY BARKER, THOMAS MANESS.

Before SOUTHWICK, WILLETT, and OLDHAM, Circuit Judges.


Litigation abuse is nothing new. Since 1813, when James Madison was president, a one-sentence federal statute has authorized monetary sanctions against attorneys who misuse the litigation process.1 The penalty started off light. For the first 167 years, lawyers who "vexatiously and unreasonably...

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