Civil Procedure — sanctions

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U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — sanctions

Where a litigant repeatedly files new lawsuits based on the same conduct, sanctions are appropriate.

“Averhart has abused the judicial process by attempting to relitigate the outcome of her earlier suits. Refusal to take no for an answer, and a campaign of unending litigation, are intolerable and sanctionable. See, e.g., Homola v. McNamara, 59 F.3d 647 (7th Cir. 1995). We give her 14 days to show cause why the court should not impose sanctions under Fed. R. App. P. 38. The potential sanctions include but are not limited to a financial penalty and an order revoking her privilege of proceeding in forma pauperis. Any financial penalty must be paid promptly, or Averhart will be subject to a preclusion order under Support Systems International, Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995). See also, e.g., In re Chicago, 500 F.3d 582 (7th Cir. 2007).

Affirmed.

13-2949 Averhart v. Sheriff of Cook County

Appeal from the United States District Court for the Northern District of Illinois, Norgle, J., Per Curiam.