Docket entry 447, 11 September 2026 · source · PDF · 6 pages
Docket text. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - Magistrate Judge Mark Dinsmore issued a Report and Recommendation ("R&R") recommending that attorney James Policchio be personally sanctioned $10,000.00 under Federal Rule 11 for "filing five briefs that contained citations to non- existent cases." (Docket No. 395 at ECF p. 11). Policchio did not file an objection to the R&R. The Court, finding no clear error, ADOPTS the R&R, (Docket No. 395 ), and ORDERS that Policchio be personally sanctioned in the amount of $10,000.00. (See Order.) Signed by District Judge Matthew P. Brookman on 9/11/2026. (AJG)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION SETH CAMERON VIRGIL, ) ) Plaintiff, ) ) v. ) No. 1:25-cv-01641-MPB-MJD ) EXPERIAN INFORMATION SOLUTIONS INC, ) LEASINGDESK SCREENING, ) ) Defendants. ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Magistrate Judge Mark Dinsmore issued a Report and Recommendation ("R&R") recommending that attorney James Policchio be personally sanctioned $10,000.00 under Federal Rule 11 for "filing five briefs that contained citations to non-existent cases." (Docket No. 395 at ECF p.
302 at ECF pp. 3, 5–7), which appeared fabricated, and another four that appeared to misrepresent case holdings. The defendants also identified two additional nonexistent cases cited in two of Policchio's previous filings.
331). This filing also contained citations to nonexistent cases, (Docket No. 331 at ECF pp.
333). The Magistrate Judge ordered Policchio and his co-counsel to show cause why they should not be sanctioned for repeated violations of Rule 11(b) through their submission of fabricated case citations. (Docket No.
3). Counsel were also directed to submit a list of every case cited throughout their filings in this action and certify whether each case was accurately cited, inaccurately cited, or nonexistent. (Id. at ECF pp.
3–4). In total, there were eleven nonexistent and four inaccurate citations identified throughout five separate filings, (Docket Nos. 115; 240; 289; 294; 331), the last of which was filed seven days after the defendants first raised their concerns with the Court.
Discussion Having reviewed the record and the R&R, the Court finds the Magistrate Judge correctly applied the standard for Rule 11 sanctions and did not commit clear error. Simply put, by repeatedly using inaccurate and nonexistent case citations in five filings, Policchio abandoned 4 his duty to conduct a reasonable inquiry into his legal contentions while nevertheless certifying that he had. Failure to verify a case citation's accuracy, let alone the case's existence, is objectively unreasonable.
Yet, as the Magistrate Judge notes, (Id. at ECF p. 4 n.2), it is difficult to see how Policchio's explanation accounts for the presence of nonexistent or inaccurate citations—often "hallmarks of AI hallucinations"—in his filings. Perez-Castillo v.