Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Andrisani v. Vogel

filed*fn*: December 26, 1991.

ALBERT ANDRISANI, PLAINTIFF-APPELLANT,
v.
MIRIAM A. VOGEL; FIRST WESTERN DEVELOPMENT CORPORATION; PAUL MAETING; LANCER WALKER, ET AL., DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Central District of California; A. Wallace Tashima, District Judge, Presiding. D.C. No. CV-90-1900-AWT.

Before: Norris, Wiggins, and Trott, Circuit Judges.

MEMORANDUM

Albert Andrisani appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for damages against Los Angeles Superior Court Judge Miriam Vogel for failure to state a claim and the district court's imposition of sanctions pursuant to Fed. R. Civ. P. 11. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

We review de novo the district court's dismissal for failure to state a claim. Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir. 1987). The district court properly determined that Andrisani failed to state a claim against Judge Vogel, who was acting within her judicial capacity and thus has absolute judicial immunity from section 1983 liability. See Ashelman v. Pope, 793 F.2d 1072, 1075-76 (9th Cir. 1986) (en banc).*fn1

II

We review a district court's decision regarding Rule 11 sanctions for an abuse of discretion. Cooter & Gell v. Hartmarx Corp., 110 S. Ct. 2447, 2461 (1990). Under Rule 11, sanctions must be imposed for (1) frivolous filings and (2) filings for an improper purpose. Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1362 (9th Cir. 1991) (en banc).

Here, the district court imposed Rule 11 sanctions of $450 against Andrisani. When it imposed sanctions, the court observed that Andrisani had filed previous actions against judges who had ruled against him, and that those actions were dismissed as frivolous on the ground of absolute judicial immunity. Because Andrisani filed an action that he knew was frivolous, imposition of sanctions was appropriate.

AFFIRMED.

Disposition

AFFIRM ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.