Wednesday, December 22, 2010

Vexatious conduct earns pre-filing injunction only after notice and opportunity to be heard

Sindram v. Harrington, No. 10-2073 (4th Cir. Dec. 22, 2010):

Federal courts may issue pre-filing injunctions when vexatious conduct hinders the court from fulfilling its constitutional duty.  Before enjoining the filing of further actions, however, the district court must afford the litigant notice and an opportunity to be heard.  When a district court enters such injunction sua sponte, remand is the appropriate remedy.

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