Carter v. Park

Background

The court had previously construed Carter’s submissions as indicating that he wanted to voluntarily dismiss the case. It gave him an opportunity to state that he wished to continue prosecuting the case and ordered him to explain why the case should not be dismissed as a sanction for violating an earlier directive against inappropriate, offensive, and vulgar language.

Carter responded that he did not want to voluntarily dismiss the case. The court found that his response did not show why dismissal was unwarranted. Instead, the court determined that the response continued his use of offensive, abusive, racist, and threatening language directed at the court, court personnel, and others. The court also considered Carter’s similar language in at least three prior lawsuits in the district.

Court’s Analysis

The court concluded that Carter acted in bad faith and in a wanton and vexatious manner by repeatedly verbally abusing the court and court personnel. It found that he had notice that this conduct was unacceptable and could be sanctioned because the court had warned him previously. The court determined that no sanction short of dismissal would change his conduct in this case.

The court distinguished between accusations of judicial bias or misconduct and abusive language. It stated that a litigant may accuse a judge of bias or misconduct when the words themselves are not offensive, but that the right to make such accusations does not include a right to abuse or insult the judge.

Disposition

The case was DISMISSED with prejudice. The court declined to impose a filing injunction at that time because Carter had not been warned about that possible sanction before filing this lawsuit. The court nevertheless warned that continued use of inappropriate, vulgar, crude, profane, or offensive language could lead to an order barring him from filing new actions without prior permission. The clerk was directed to mail the opinion to Carter and close the case.