Cunningham v. Hamilton County, 527 U.S. 198, 3 (1999)

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200

CUNNINGHAM v. HAMILTON COUNTY

Opinion of the Court

Justice Thomas delivered the opinion of the Court.

Federal courts of appeals ordinarily have jurisdiction over appeals from "final decisions of the district courts." 28 U. S. C. § 1291. This case presents the question whether an order imposing sanctions on an attorney pursuant to Federal Rule of Civil Procedure 37(a)(4) is a final decision. We hold that it is not, even where, as here, the attorney no longer represents a party in the case.

I

Petitioner, an attorney, represented Darwin Lee Starcher in a federal civil rights suit filed against respondent and other defendants. Starcher brought the suit after his son, Casey, committed suicide while an inmate at the Hamilton County Justice Center.1 The theory of the original complaint was that the defendants willfully ignored their duty to care for Casey despite his known history of suicide attempts.

A Magistrate Judge oversaw discovery. On May 29, 1996, petitioner was served with a request for interrogatories and documents; responses were due within 30 days after service. See Fed. Rules Civ. Proc. 33(b)(3), 34(b). This deadline, however, passed without compliance. The Magistrate Judge ordered the plaintiff "by 4:00 p.m. on July 12, 1996 to make full and complete responses" to defendants' requests for interrogatories and documents and further ordered that four witnesses—Rex Smith, Roxanne Dieffenbach, and two individual defendants—be deposed on July 25, 1996. Starcher v. Correctional Medical Systems, Inc., No. C1-95-815 (SD Ohio, July 11, 1996), p. 2.

Petitioner failed to heed the Magistrate Judge's commands. She did not produce the requested documents, gave incomplete responses to several of the interrogatories, and objected to several others. Flouting the Magistrate Judge's

1 Starcher died sometime after he initiated the suit, and Casey's sister became the new administrator of Casey's estate.

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