United States District Court, S.D. Mississippi, Northern Division
CARLOS E. MOORE PLAINTIFF
KARL OLIVER DEFENDANT
P. JORDAN III CHIEF UNITED STATES DISTRICT JUDGE.
Karl Oliver seeks sanctions and attorney's fees under
Federal Rule of Civil Procedure 11 and the Mississippi
Litigation Accountability Act (“MLAA”) in this
dismissed civil-rights case. Mot. . Although Moore's
pleadings were arguably frivolous, Oliver did not comply with
Rule 11's procedural requirements and has not shown that
the MLAA applies. Accordingly, the motion is denied.
facts of this case are set forth more fully in the
Court's Order  granting Oliver's motion to
dismiss. In general terms, attorney Carlos Moore sued state
representative Karl Oliver over Oliver's inflammatory
Facebook post decrying the City of New Orleans' removal
of Confederate monuments. Finding that Moore lacked standing,
that his federal claims otherwise lacked merit, and that it
would decline to exercise supplemental jurisdiction over the
pendent state-law claim, the Court dismissed Moore's
lawsuit on April 30, 2018.
8, 2018, Oliver filed his motion for sanctions, seeking $10,
387.50 in attorney's fees under Rule 11 and the MLAA.
Moore responded in opposition, Oliver filed a timely reply,
and the Court is prepared to rule.
Rule 11(b), when an attorney “present[s] to the court a
pleading, written motion, or other paper, ” he
certifies that to the best of [his] knowledge, information,
and belief, formed after an inquiry reasonable under the
(2) the claims, defenses, and other legal contentions are
warranted by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law or for
establishing new law; [and]
(3) the factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery[.]
Civ. P. 11(b)(2), (3). And under Rule 11(c), “the court
may impose an appropriate sanction on any attorney, law firm,
or party that violate[s]” Rule 11(b). Id. R.
though, Rule 11 contains a procedural safe-harbor provision:
A motion for sanctions must be made separately from any other
motion and must describe the specific conduct that allegedly
violates Rule 11(b). The motion must be served under Rule 5,
but it must not be filed or presented to the court if the
challenged paper, claim, defense, contention, or denial is
withdrawn or ...