Steven Thomason, proceeding pro se, has engaged in over a decade of litigation regarding a foreclosed property in Montgomery, Alabama. In September 2022, a district judge designated Thomason as an abusive and vexatious litigant and issued a filing injunction. This order barred Thomason from filing future suits against Deutsche Bank or others regarding the property, its mortgage, or its foreclosure, and warned that any future cases removed to federal court could be summarily dismissed. Despite this, Deutsche Bank filed an ejectment action in Alabama state court in June 2023. Thomason attempted to remove this case to federal court three times. The district court remanded the most recent attempt, finding it violated the 2022 injunction and was filed in bad faith to delay a state court hearing. Thomason appealed the remand order.
The Eleventh Circuit reviewed the district court's remand order for an abuse of discretion. The court noted that while access to the courts is constitutionally significant, it is not unconditional. Federal courts possess inherent authority and a constitutional obligation to protect their jurisdiction from conduct that impairs their ability to function, particularly to mitigate frivolous and vexatious lawsuits. The court found that Thomason's third removal attempt clearly violated the explicit terms of the September 2022 filing injunction, which barred suits pertaining to the subject property. Thomason made no effort to excuse his failure to comply with the order. The court also addressed Thomason's contention that the Federal Financial Institution Reform, Recovery, and Enforcement Act (FIRREA) prohibited the district court from acting. The court rejected this, explaining that FIRREA's anti-injunction provision applies to restraining the powers of the FDIC as a conservator or receiver. Since the FDIC was not a party to the ejectment action, and the injunction did not affect the FDIC's functions, FIRREA did not bar the district court's order. Consequently, the district court did not abuse its discretion in remanding the case.
The federal court lacks jurisdiction to hear the case, and the state court ejectment action remains in place. Thomason remains subject to sanctions for continued vexatious litigation. The decision clarifies that FIRREA does not shield abusive litigants from filing injunctions when the FDIC is not a party to the underlying dispute.