Ann J. Malone v. United States Postal Service, an Agency of the United States
- Decided
- November 23, 1987
- Docket
- 85-2244
- Status
- Published
- Jurisdiction
- Federal
Cited 4,024 timesNo negative treatment found in this library
What later courts said
- concluding that the court’s earlier declaration of a mistrial and subsequent pretrial order constituted attempts at less drastic alternatives — David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of Corrections (2002)
- concluding that, when the other factors favor dismissal, they are not outweighed by the public policy in favor of resolving a case on the merits — Kriege v. HCCC Hawaii Community Correctional Center (2021)
- concluding that, when the other factors favor dismissal, they are not outweighed by the public policy in favor of resolving a case on the merits — Bylsma v. State of Hawaii (2020)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
CHOY, Senior Circuit Judge:
Ann Malone appeals the district court’s decision, following Malone’s violation of a pretrial order, to dismiss with prejudice her suit against the United States Postal Service. We affirm.
BACKGROUND Ann Malone brought suit against the United States Postal Service (the “Government”) for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The trial began in November 1984. Because Malone’s attorney presented the case in a confused and inefficient manner, the district court restricted counsel’s presentation of witnesses and evidence. Counsel believed that the court was treating her unfairly; on November 16, she made a motion for a mistrial. The court denied the motion, but a few hours later declared a mistrial on its own motion. The district court explained in the June 10, 1985, dismissal order at issue here that the mistrial had been declared because of lack of preparation on the part of Malone’s attorney.
Statutes cited
Cite this
Ann J. Malone v. United States Postal Service, an Agency of the United States, 833 F.2d 128 (1987)Read the full opinion
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