Schultz v. American Tobacco Co., et al.

A panel of the Ninth Circuit U.S. Court of Appeals on October 5, 1993 affirmed the dismissal of an Arizona prisoner’s suit alleging numerous injuries from exposure to environmental tobacco smoke.  The panel ruled that dismissal of the complaint was appropriate because the plaintiff’s abusive pleading practice, which included filing motions to amend his complaint seven times, violated Rule 11.  He had also sought and later withdrew a voluntary dismissal of his action.

1993 U.S. App. LEXIS 26542, 8 F.3d 29, No. 92-15498, (9th Cir. 1993).