Bergstrom v. Sgt. Michelle Frascone, et al.
Plaintiff filed suit claiming malicious prosecution and violations of his civil rights. After plaintiff's attorney failed to comply with discovery deadlines, the district court dismissed plaintiff's suit with prejudice for failure to prosecute and failures to comply with a court order and the Federal Rules of Civil Procedure. The court concluded that, in these circumstances, it was an abuse of discretion to impose the "ultimate sanction" of dismissal with prejudice without first considering the viability of lesser sanctions. Accordingly, the court vacated and remanded. View "Bergstrom v. Sgt. Michelle Frascone, et al." on Justia Law