Brandon Scroggin v. Credit Bureau of Jonesboro, No. 13-3346 (8th Cir. 2014)

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Court Description: Civil case - Civil procedure. The district court did not abuse its discretion by directing plaintiff to pay attorneys' fees as a sanction for deliberate misuse of the judicial process.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3346 ___________________________ Brandon Scroggin lllllllllllllllllllll Plaintiff - Appellant v. Credit Bureau of Jonesboro, Inc. lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________ Submitted: August 5, 2014 Filed: August 15, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. Brandon Scroggin appeals an order of the district court,1 directing him to pay attorney s fees as a sanction for deliberately misusing the judicial process. After 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. careful review, we find no abuse of the district court s broad discretion to sanction a party under its inherent powers. See Chambers v. NASCO, Inc., 501 U.S. 32, 56-57 (1991) (party s deliberate misuse of judicial process was sanctionable under court s inherent powers; amount of award was warranted by, inter alia, need to ensure abuses would not be repeated); Kelly v. Golden, 352 F.3d 344, 352 (8th Cir. 2003) (district court has broad discretion to decide appropriate sanctions); Lamb Eng g & Constr. Co. v. Nebraska Pub. Power Dist., 103 F.3d 1422, 1435 (8th Cir. 1997) (inherent power depends on conduct during litigation, not on which party wins); see also Marx v. Gen. Revenue Corp., 133 S. Ct. 1166, 1175-76 (2013) (district court has inherent power to award attorney s fees, notwithstanding attorney s fees provisions of Federal Debt Collection Practices Act). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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