ILNews

Suspended lawyer warned against ‘frivolous’ pleadings

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.

Former attorney Robert M. Holland III of Gary represents himself in litigation in the U.S. District Court, Northern District of Indiana naming Gary defendants as well as various Lake County officials. Originally filed in 2010, the court has since granted summary judgment to all defendants, and the judgments have been affirmed by the 7th Circuit Court of Appeals.

Holland asked for the judgment to be set aside under Federal Rule of Civil Procedure 60 and also filed a request for ruling or status conference. Magistrate Judge Paul R. Cherry’s April 24 order, warned Holland he was on thin ice continuing to plead a case with a “long and convoluted history” that’s been decided against him.

“Plaintiff … again asks that summary judgment be granted in his favor. But there is no newly discovered evidence or change in the law governing these issues, and Plaintiff has not identified any error of apprehension by the Court. Plaintiff’s motions are hence both denied. Indeed, both motions are frivolous and wholly without merit,” Cherry wrote.

“Plaintiff, who is a former attorney, should know better. This Court’s time is precious and should not be wasted. The Court thus warns Plaintiff that any further frivolous filings may result in the Court holding him in contempt of court.”

Holland was suspended in 2009 for collecting unreasonable fees, misuse of client trust funds and accusing an opposing attorney of bribing a judge, among other violatons.

The case in the Northern District of Indiana is Robert Holland v. City of Gary, 2:10-CV-454.
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT