Civil Procedure – Attorney Sanction 

Posted: 1:00 am Mon, November 2, 2009
By admin
Tags: Civil Procedure

Where an attorney caused to be filed a sworn affidavit that included the full social security numbers and dates of birth for 179 individuals, in violation of Fed.R.Civ.P. 5.2(a), the court, under its inherent power, sanctions the attorney by ordering him to notify all injured individuals of the improper disclosure of their personal information, to provide each individual with individualized credit reports and credit monitoring, and to make a payment of $5,000 to the Second Harvest Heartland food bank.

Judge Davis “imposes upon [the attorney] the costs associated with preventing identity theft for the harmed parties[,] . . . and orders [the attorney] to pay $5000 to the . . . food bank so that he will keep in mind the interests and safety of dependent parties before he acts in the future.”