Case 2:21-cv-01701-AMM Document 187 Filed 05/16/25 Page 1 of 3 FILED
2025 May-16 PM 12:14
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FRANKIE JOHNSON, )
)
Plaintiff, )
)
v. ) Case No.: 2:21-cv-1701-AMM
)
JEFFERSON S. DUNN, et al., )
)
Defendants. )
)
SHOW CAUSE ORDER
This case is before the court on a motion for leave to depose an incarcerated
person by Defendant Jefferson Dunn, the former Commissioner of the Alabama
Department of Corrections, Doc. 174, and the response of said incarcerated person,
Plaintiff Frankie Johnson, see Doc. 186. Mr. Johnson opposes the request to depose
him the week of June 3rd for several reasons, including that counsel for Defendant
Dunn appears to have fabricated citations to legal authority in his motion for leave,
“possibly through the use of generative artificial intelligence.” Id. at 1.
In his opposition, Mr. Johnson describes at length the bases for his belief that
counsel for Defendant Dunn fabricated citations. In the light of the seriousness of
the accusation, the court has conducted independent searches for each allegedly
fabricated citation, to no avail. Accordingly, each of the four attorneys who signed
Defendant Dunn’s motion for leave, and the Butler Snow law firm, are ORDERED
Case 2:21-cv-01701-AMM Document 187 Filed 05/16/25 Page 2 of 3
to show good cause, if there be any, why they should not be sanctioned under Federal
Rule of Civil Procedure 11, the court’s inherent authority, Local Rule 83.1(f), and/or
Alabama Rule of Professional Conduct 3.3 for making false statements of fact or
law to the court, not later than 3:00 PM Central Daylight Time on Monday, MAY
19, 2025. Said counsel are ORDERED to append to their filings copies of each
allegedly fabricated legal authority; if they cannot provide such copies, counsel are
further ORDERED to submit sworn declarations that provide a thorough
explanation for how the motion and allegedly fabricated cases were generated, and
their role in drafting or supervising the motion.
All current counsel who have appeared in the case are ORDERED to appear
at a show cause hearing at 9:00 AM Central Daylight Time on Wednesday, MAY
21, 2025, at the Hugo Black United States Courthouse, Courtroom 5B. Any counsel
who wishes to be excused from the hearing may promptly seek such relief. Counsel
for Defendant Dunn are DIRECTED to advise the Commissioner of the Alabama
Department of Corrections of this order. Because the attorneys involved in this case
are involved in similar litigation throughout the State of Alabama, the Clerk of the
Court is DIRECTED to serve a copy of this order on Alabama Attorney General
Steve Marshall so that he may send an appropriate representative, and the Clerk of
the Court is further DIRECTED to serve a copy of this order on the Chief Judge of
each United States District Court in Alabama.
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Case 2:21-cv-01701-AMM Document 187 Filed 05/16/25 Page 3 of 3
This case is STAYED pending further order of the court.
DONE and ORDERED this 16th day of May, 2025.
_________________________________
ANNA M. MANASCO
UNITED STATES DISTRICT JUDGE
