During Walker’s 42 USC §1983 civil rights action, counsel Andrew Plasse submitted to the court two written requests. Both were made in bad faith. In both Plasse falsely claimed that a prior writ for his incarcerated client’s in-person appearance at a court conference to discuss settlement deprived him of essential mental health treatment.
Walker was evaluated by prison medical staff and was found not to need intensive mental health treatment. Walker’s subsequent transfer was a routine transfer after he was medically cleared and unrelated to the court’s writ. Plasse’s statements violated FRCP 11(b)(6) because he lacked any basis to believe that they were true at the time that they were made.
