Bergstrom v. Sgt. Michelle Frascone, et al., No. 12-2852 (8th Cir. 2014)
Annotate this CasePlaintiff 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.
Court Description: Civil case - Civil Rights. In the absence of a finding of bad faith, the district court erred in dismissing plaintiff's action as a sanction for failure to prosecute without first considering the viability of lesser sanctions. Judge Loken, dissenting.
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