North Carolina Attorney General Jeff Jackson speaks at a press conference (NCDOJ).
A federal judge has imposed sanctions on North Carolina’s Department of Justice, citing the agency’s Public Safety Section for “deeply troubling” behavior in repeatedly ignoring court directives.
In a comprehensive 43-page ruling issued on Friday, U.S. Magistrate Judge Robert Numbers criticized the actions of a NCDOJ attorney, who recently filed a motion asserting that a case must be dismissed due to an alleged lack of jurisdiction. Judge Numbers described this move as indicative of a “persistent disregard for the authority of the federal courts and the rule of law.”
The legal dispute dates back to August 2022, when Sean Mayo, a resident of North Carolina, filed a lawsuit against the Rocky Mount Police Department. Mayo claimed that police had conducted illegal searches of his home and vehicle and unlawfully arrested him.
Just last week, on the verge of a key deadline to decide on admissible evidence, Sonya Calloway-Durham, an attorney with the NCDOJ’s Public Safety Section, argued that Mayo’s federal claims had already been dismissed. She contended that the remaining state law claim fell outside the scope of federal jurisdiction, resulting in the postponement of the trial.
Judge Numbers did not mince words in his assessment of Calloway-Durham’s actions, accusing her of violating Rule 11 of the Federal Rules of Civil Procedure. This rule mandates that court filings by attorneys must not be submitted for improper purposes, such as causing unnecessary delays.
He further asserted that her legal interpretation was fundamentally incorrect.
“The Court had already held that Mayo had not brought any state-law claims. And even if he had, both a federal statute and binding precedent confirm that this Court retains jurisdiction to hear it after dismissing Mayo’s federal claims. These arguments lacked any chance of success, and a reasonable attorney would have recognized that shortcoming,” Numbers wrote.
“The Court further concludes that she filed the motion to unnecessarily delay trial. Shortly before she filed the motion, she acknowledged that her workload and personal lawsuit left her unprepared for trial,” the judge wrote, referring to the DOJ lawyer’s own discrimination lawsuit against the agency where she worked. “Calloway-Durham’s explanations for her conduct were unpersuasive, largely because she did not know the standard the Court must apply when evaluating a Rule 11 violation.”
But perhaps more concerning to the federal judge is that attorneys with the NCDOJ, led by state Attorney General Jeff Jackson, have been “chided, criticized, and chastised” for “disregarding” court orders “and the federal rules” — yet “the problems persist.”
“NCDOJ leadership described recent efforts to improve the Public Safety Section’s performance. But they made no attempt to show that exceptional circumstances existed here,” Numbers wrote. “So the Court holds NCDOJ jointly liable for Calloway-Durham’s conduct.”
The judge subsequently then imposed sanctions.
Numbers “formally admonishes both Calloway-Durham and NCDOJ,” according to the order, and requires that all Calloway-Durham’s filings for the coming year be signed by someone “who will attest that the filing complies with Rule 11.”
Numbers also referred Calloway-Durham to the North Carolina State Bar for an investigation into whether a medical condition renders her unable to represent clients, and said that Jackson “must prepare a report outlining the steps he will take to address the Public Safety Section’s deficiencies.”
“These sanctions are sufficient, but not greater than necessary, to deter Calloway-Durham and other attorneys from engaging in similar conduct,” Numbers continued, ultimately concluding that the attorney’s violations “are a symptom of the severe and pervasive issues plaguing the Public Safety Section. These issues are unacceptable and need to be addressed immediately.”
