Kraemer v. Grant County
United States Court of Appeals for the Seventh Circuit
892 F.2d 686 (7th Cir. 1990)
Mark D. Lawton, a new attorney, was hired by Laura Kraemer (plaintiff) to sue the sheriff of Grant County (defendant) and the Bakers over an alleged conspiracy to evict her from her rented home and steal her possessions. Before filing, Lawton had Kraemer detail her account in a letter, filed and lost an administrative claim, and hired a private investigator who could neither confirm nor disprove her story. Lawton nonetheless filed suit, which survived a motion to dismiss but was later dismissed on summary judgment; the defendants then sought attorneys' fees, and the court sanctioned Lawton personally under Rule 11 for filing suit without adequate factual investigation.
Whether an attorney must be absolutely certain of the facts before filing suit in order to avoid Rule 11 sanctions.