Brown v. National Bd. of Medical Examiners, No. 85-2375
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before BAUER, POSNER, and FLAUM; FLAUM |
| Citation | 800 F.2d 168 |
| Parties | Samuel W. BROWN, M.D., Plaintiff, Intervening Plaintiff-Appellant, v. NATIONAL BOARD OF MEDICAL EXAMINERS, Educational Commission For Foreign Medical Graduates, Inc., and Federation of State Medical Boards, Defendants-Appellees. |
| Docket Number | No. 85-2375 |
| Decision Date | 02 September 1986 |
Page 168
v.
NATIONAL BOARD OF MEDICAL EXAMINERS, Educational Commission
For Foreign Medical Graduates, Inc., and
Federation of State Medical Boards,
Defendants-Appellees.
Seventh Circuit.
Decided Sept. 2, 1986.
Page 169
David E. Neely, Chicago, Ill., for plaintiff, intervening plaintiff-appellant.
Bruce H. Weitzman, McDermott Will & Emery, Helen E. Witt, Kirland & Ellis, Chicago, Ill., for defendants-appellees.
Before BAUER, POSNER, and FLAUM, Circuit Judges.
FLAUM, Circuit Judge.
Attorney David Neely and the law firm of Mitchell & Black appeal from a district court order imposing sanctions on them under Rule 11 of the Federal Rules of Civil Procedure. The sanctions were based on Neely's Motion to Produce Documents and Place Under Court's Seal and Mitchell & Black's subsequent motion for reconsideration. The district court concluded that both motions were groundless and evidenced a lack of reasonable inquiry into their basis in fact. We find that the district court did not abuse its discretion in imposing the award of attorney's fees on the appellants and thus affirm that decision.
I.
Samuel W. Brown, M.D., who received his medical training in Austria, has unsuccessfully endeavored for a number of years to obtain certification in the United States by attempting to pass various state licensing exams administered under the auspices of the appellees: the Federation of State Medical Boards of the United States ("FLEX"), the Educational Commission for Foreign Medical Graduates ("ECFMG"), and the National Board of Medical Examiners ("NBME"). NBME is a medical testing organization that develops questions and otherwise assists organizations such as FLEX and ECFMG in preparing their respective exams.
In the period between 1975 and 1982 Dr. Brown took the ECFMG exam nine times and the FLEX exam four times. In order to pass either test the applicant must achieve a scaled score of at least 75. During this period Dr. Brown's scores were remarkably consistent despite what he asserts was continuous and extensive study and preparation between exam dates. The scaled scores for his nine ECFMG exams all fell in the narrow range between 67 and 69. The FLEX "weighted average" scores were 67, 68, 70, and 70. In the last of his two FLEX exams his scaled scores, as opposed to his "weighted average" scores, were in fact identical when taken to the second decimal place--71.92.
This apparent statistical anomaly, along with his failure to improve his scores over time, convinced Dr. Brown that the medical testing organizations were engaged in some form of statistical manipulation. Dr. Brown then commenced, having invoked the assistance of then-Congressman Harold Washington, a letter writing campaign designed to achieve a satisfactory explanation for the test scores. Among the items sought was a personal review of his answer sheet, the answer key, and the test booklet he used during the exam. Dr. Brown alleges that he noted all his answers
Page 170
in his booklet thus allowing him to check for manipulations.On May 12, 1982, the Senior Psychometrician for NBME sent a report to the executive director of FLEX which described how the FLEX exam was scored, the distribution of scores for the years 1980 and 1981, and information about Dr. Brown's performance on the FLEX exam in those particular years. The position taken in the report was that the identical scores were a mere, albeit unusual, coincidence. This report, which purported to address the questions posed by Dr. Brown and his representatives, was sent to the doctor and Congressman Washington. A subsequent letter of May 19 outlined the procedures for reviewing the past exams. These procedures provided that the review be conducted by anyone other than the candidate and that the question booklet would be one of the master copies rather than the individual's actual booklet. Dr. Brown found this situation unsatisfactory and, with the assistance of an attorney other than Neely, filed the present law suit.
The original complaint requested relief in the form of a review by Dr. Brown of the 1980 and 1981 FLEX exams including the test booklet, his answers, and the answer key. The original complaint was dismissed for want of prosecution in June 1983 only to be allowed reinstatement one month later. In November 1983, a pretrial conference was held in Judge Grady's chambers. At the conference it was made clear by the attorney representing the testing organizations that the individual candidates' test booklets were destroyed in the normal course of business and that only the master copies remained. The defendants explained that according to their practices anything written in the test booklets was irrelevant to the scoring of the exam; that the booklets were collected to maintain the integrity of future exams; and that storing all individual test booklets under these circumstances would be a substantial waste of space and money. The organizations did at this time offer to settle the case by awarding Dr. Brown the review requested in his complaint using the master copy of the exams the doctor had taken. Dr. Brown, apparently agitated by the destruction of his test booklet, refused the settlement offer.
One month later an amended complaint was filed pro se by Dr. Brown that alleged various constitutional deprivations and prayed for millions of dollars in damages. While the defendants made efforts to have the complaint dismissed, Dr. Brown's counsel made a motion to withdraw that was granted. Dr. Brown immediately retained new counsel who successfully withdrew from representation one month later. On March 30, 1984, David Neely appeared for the first time on behalf of Dr. Brown and subsequently filed a new complaint. During the first two months of his representation, Neely sought to correct what he viewed as certain jurisdictional defects in the case and, to this effect, consented to a stay of discovery pending resolution of these issues.
During this period Neely commenced settlement negotiations with the defendants....
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84 Hawai'i 211, State v. Bates, No. 18121
...U.S. at 185, 113 S.Ct. at 1173; (2) whether directly or indirectly, id. at 188, 113 S.Ct. at 1174-75 (Souter, J., dissenting); Yonan, 800 F.2d at 168; Martino, 648 F.2d at 394; and (3) regardless of a stake or interest in the goals of the enterprise. Yonan, 800 F.2d at Having set forth an i......
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Mars Steel Corp. v. Continental Bank N.A., No. 88-1554
...imposing sanctions." In re Ronco, Inc., 838 F.2d 212, 217-18 (7th Cir.1988), quoting from Brown v. National Board of Medical Examiners, 800 F.2d 168, 173 (7th Cir.1986). Deferential review will not prevent this court from ensuring that district judges reflect seriously, and consider fully, ......
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Szabo Food Service, Inc. v. Canteen Corp., No. 86-3093
...and other filings, for the benefit of the judicial system as much as of the defendants. See Brown v. National Board of Medical Examiners, 800 F.2d 168 (7th Cir.1986); cf. Weinstein v. University of Illinois, 811 F.2d 1091, 1097-98 (7th Cir.1987). See also Unioil, Inc. v. E.F. Hutton & Co., ......
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Patel v. United Fire & Cas. Co., No. 1:98:CV-0323.
...evidence is frivolous if district judge previously held that old evidence was insufficient); Brown v. National Bd. of Medical Examiners, 800 F.2d 168, 173 (7th Cir.1986) (motion to reconsider sanctions that merely reproduces the original motion to produce violates Rule Although plaintiffs s......
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84 Hawai'i 211, State v. Bates, No. 18121
...U.S. at 185, 113 S.Ct. at 1173; (2) whether directly or indirectly, id. at 188, 113 S.Ct. at 1174-75 (Souter, J., dissenting); Yonan, 800 F.2d at 168; Martino, 648 F.2d at 394; and (3) regardless of a stake or interest in the goals of the enterprise. Yonan, 800 F.2d at Having set forth an i......
-
Mars Steel Corp. v. Continental Bank N.A., No. 88-1554
...imposing sanctions." In re Ronco, Inc., 838 F.2d 212, 217-18 (7th Cir.1988), quoting from Brown v. National Board of Medical Examiners, 800 F.2d 168, 173 (7th Cir.1986). Deferential review will not prevent this court from ensuring that district judges reflect seriously, and consider fully, ......
-
Szabo Food Service, Inc. v. Canteen Corp., No. 86-3093
...and other filings, for the benefit of the judicial system as much as of the defendants. See Brown v. National Board of Medical Examiners, 800 F.2d 168 (7th Cir.1986); cf. Weinstein v. University of Illinois, 811 F.2d 1091, 1097-98 (7th Cir.1987). See also Unioil, Inc. v. E.F. Hutton & Co., ......
-
Patel v. United Fire & Cas. Co., No. 1:98:CV-0323.
...evidence is frivolous if district judge previously held that old evidence was insufficient); Brown v. National Bd. of Medical Examiners, 800 F.2d 168, 173 (7th Cir.1986) (motion to reconsider sanctions that merely reproduces the original motion to produce violates Rule Although plaintiffs s......