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Degen v. United States, No. 95-173 (U.S. June 10, 1996)

Factual and Procedural Background

A federal grand jury in Nevada indicted Brian Degen for distributing marijuana, laundering money, and related offenses. The same day in 1989, the United States unsealed a civil forfeiture complaint seeking properties in California, Nevada, and Hawaii, allegedly worth $5.5 million and tied to Degen’s drug activities under 21 U.S.C. § 881(a)(6)-(7). Degen, a dual citizen of the United States and Switzerland, had moved to Switzerland in 1988 and did not return to face the criminal charges. The United States was advised that Switzerland’s extradition treaty did not require extradition of nationals.

While remaining abroad, Degen filed an answer in the civil forfeiture case, raising defenses including the statute of limitations (19 U.S.C. § 1621) and unlawful retroactive application of forfeiture laws. The District Court granted the Government’s motion to strike Degen’s claims and entered summary judgment, holding that because Degen remained outside the United States and was unamenable to the criminal prosecution, he was not entitled to be heard in the forfeiture action. After additional proceedings (including efforts by Degen’s wife to contest forfeiture), the court entered a final order vesting title to the properties in the United States. The Ninth Circuit affirmed. The Supreme Court granted certiorari and reversed.

Legal Issues Presented

  1. Whether a district court may invoke its inherent powers—under the so-called “fugitive disentitlement doctrine”—to strike a claimant’s filings in a civil forfeiture action and grant summary judgment because the claimant remains outside the United States and does not appear in a related criminal prosecution.
  2. Whether any necessity justifies such disentitlement, considering the court’s secure jurisdiction over the res and the availability of alternative measures to protect the Government’s interests and the integrity of the criminal case.
  3. Whether court dignity and deterrence of flight from prosecution justify the severe sanction of disentitlement in the civil forfeiture context.

Arguments of the Parties

United States (Respondent)

  • The District Court’s inherent powers authorized striking Degen’s claims under the “fugitive disentitlement doctrine.”
  • Allowing Degen to litigate the forfeiture while absent from the criminal case would let him exploit liberal civil discovery to gain an improper advantage over the more limited discovery available in criminal proceedings.
  • Disentitlement serves to protect the dignity of the court and to deter flight from criminal prosecution.

Degen (Petitioner)

  • The opinion notes that Degen filed an answer contesting forfeiture and raised defenses, including the statute of limitations and unlawful retroactivity. The opinion does not detail his legal arguments specifically addressing the disentitlement doctrine.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Chambers v. NASCO, Inc., 501 U.S. 32 Courts possess inherent powers; principles of deference counsel restraint in using them. Acknowledged inherent authority but emphasized restraint and necessity in employing it.
Ortega-Rodriguez v. United States, 507 U.S. 234 Inherent power must be a reasonable response to the problems provoking it; limits on fugitive disentitlement in appellate context. Used to reject blanket disentitlement absent necessity and to analogize limits to the civil forfeiture context.
United States v. Real Property Located at Incline Village, 755 F. Supp. 308 (D. Nev. 1990) District court decision applying disentitlement. Cited as procedural history; the Supreme Court disagreed with its use of disentitlement.
United States v. Real Property Located at Incline Village, 47 F.3d 1511 (9th Cir. 1995) Ninth Circuit affirmance of disentitlement. Cited as procedural history; reversed and remanded.
United States v. James Daniel Good Real Property, 510 U.S. 43 Due Process Clause secures a right to a hearing to contest forfeiture. Supports the baseline entitlement to be heard in civil forfeiture proceedings.
Fuentes v. Shevin, 407 U.S. 67 Due process protections regarding deprivation of property. Reinforces the due process right to be heard before deprivation.
McVeigh v. United States, 11 Wall. 259 Right of a citizen to defend property in court; unconstitutional to use disentitlement as punishment in certain contexts. Underscores the right to be heard and warns against punitive disentitlement.
Smith v. United States, 94 U.S. 97 Appellate disentitlement where judgment may be unenforceable against a fugitive. Background for fugitive disentitlement; distinguished from civil forfeiture context.
United States v. Eng, 951 F.2d 461 (2d Cir. 1991) Example of a circuit allowing disentitlement in forfeiture. Cited to show circuit split precipitating certiorari.
United States v. $40,877.59 in United States Currency, 32 F.3d 1151 (7th Cir. 1994) Contrary view limiting disentitlement. Part of the circuit split considered by the Court.
United States v. $83,320 in United States Currency, 682 F.2d 573 (6th Cir. 1982) Contrary view limiting disentitlement. Part of the circuit split considered by the Court.
Link v. Wabash R. Co., 370 U.S. 626 Courts’ inherent power to manage their docket and impose sanctions. Acknowledges inherent powers while stressing they are delimited by necessity.
United States v. Hudson, 7 Cranch 32 (1812) Historical acknowledgment of inherent judicial powers. Background recognition of inherent authority.
Roadway Express, Inc. v. Piper, 447 U.S. 752 Inherent powers must be delimited with care to avoid overreaching. Warns against expansive, self-defined inherent authority.
Carlisle v. United States (ante, at 426) Inherent powers may be controlled or overridden by statute or rule. Supports deference to statutes and rules over inherent power.
Bank of Nova Scotia v. United States, 487 U.S. 250 Statutes and rules can govern limits on judicial authority. Further support for restraint in invoking inherent power.
Thomas v. Arn, 474 U.S. 140 Inherent power must be a reasonable response to identified problems. Supports the necessity requirement before imposing severe sanctions.
Bohanan v. Nebraska, 125 U.S. 692 Appellate disentitlement in fugitive situations (enforcement concerns). Background on traditional fugitive disentitlement rationales.
Eisler v. United States, 338 U.S. 189 Appellate disentitlement. Background on fugitive disentitlement.
Molinaro v. New Jersey, 396 U.S. 365 (per curiam) Escape disentitles a litigant to call on court resources. Background rationale; not extended to this civil forfeiture context.
Estelle v. Dorrough, 420 U.S. 534 (per curiam) Disentitlement discourages escape and promotes efficient, dignified court operations. Background purposes of disentitlement; weighed and found insufficient here.
Allen v. Georgia, 166 U.S. 138 State practice upholding disentitlement in appropriate cases. Background; not controlling for extending disentitlement here.
Crosby v. United States, 506 U.S. 255 A criminal trial cannot begin until the defendant returns. Explains why staying the civil case pending criminal proceedings could cause indefinite delay.
United States v. Kordel, 397 U.S. 1 Parallel civil and criminal proceedings; potential stays. Cited as a comparison in discussing stays under 21 U.S.C. § 881(i).
Afro-Lecon, Inc. v. United States, 820 F.2d 1198 (Fed. Cir. 1987) Differences between civil and criminal discovery; risks of evasion. Supports concern about discovery asymmetries and the need for protective measures.
Campbell v. Eastland, 307 F.2d 478 (5th Cir. 1962) Managing civil discovery to avoid interference with criminal cases. Supports use of protective orders and case management instead of disentitlement.
In re Ramu Corp., 903 F.2d 312 (5th Cir. 1990) Civil protective orders to prevent evasion of criminal discovery limits. Identified as an available alternative to the harsh sanction of disentitlement.
United States v. Stewart, 872 F.2d 957 (10th Cir. 1989) Protective orders to prevent misuse of civil discovery. Supports judicial tools to protect the Government’s interests.
Capital Engineering Mfg. Co., Inc. v. Weinberger, 695 F. Supp. 36 (D.D.C. 1988) Managing discovery to safeguard criminal proceedings. Further authority for protective measures short of disentitlement.
Founding Church of Scientology v. Kelley, 77 F.R.D. 378 (D.D.C. 1977) Use of protective orders in parallel proceedings. Illustrates available case-management tools.
National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639 (per curiam) Sanction authority, including dismissal, for noncompliance with court orders. Shows courts have sanctions to address a party’s noncompliance without blanket disentitlement.
Societe Internationale v. Rogers, 357 U.S. 197 Sanctions in civil litigation. Reinforces availability of ordinary sanction tools.
United States v. Pole No. 3172, 852 F.2d 636 (1st Cir. 1988) Case discussing sanctions; cited with cf. Illustrative of sanctioning authority as an alternative to disentitlement.
Woodson v. Surgitek, Inc., 57 F.3d 1406 (5th Cir. 1995) Inherent authority to sanction. Cited to show breadth of sanction tools available.
Zebrowski v. Hanna, 973 F.2d 1001 (1st Cir. 1992) Sanction authority in civil litigation. Further support for alternatives to disentitlement.
United States v. Sharpe, 470 U.S. 675 Referenced to note the Court’s “disquiet” with a defendant litigating civilly while absent criminally (cf.). Used illustratively; not as a rule supporting disentitlement.
Hovey v. Elliott, 167 U.S. 409 At least in one instance, unconstitutional to use disentitlement as punishment for contempt. Demonstrates the severity and due process concerns associated with disentitlement.
Blackmer v. United States, 284 U.S. 421 Cited to note the Court does not decide whether a disentitlement rule under proper authority would violate due process (cf.). Signals the Court’s avoidance of the broader constitutional question.

Court’s Reasoning and Analysis

The Court framed the question as whether a district court may strike a civil forfeiture claimant’s filings and grant summary judgment because he fails to appear in a related criminal prosecution. It began by acknowledging that federal courts possess inherent powers to protect proceedings and judgments but emphasized that those powers must be exercised with restraint and only as a reasonable response to identified problems. The Court situated this case against the backdrop of appellate “fugitive disentitlement” decisions, which allow dismissal of appeals where fugitivity threatens enforceability or the dignified operation of courts, but stressed the limits articulated in Ortega-Rodriguez.

First, the Court found no necessity justifying disentitlement in the forfeiture action. The district court’s in rem jurisdiction over the property ensured that any forfeiture judgment would be enforceable, and Degen’s absence posed no risk of delay or frustration in adjudicating the Government’s claims on the merits.

Second, while the Government’s concern about discovery asymmetries between civil and criminal cases was “stronger,” the Court identified alternative, less drastic tools: protective orders under Federal Rule of Civil Procedure 26(c), discretionary case management to control the form of proof or even limit theories to prevent exploitation of asymmetries, and ordinary sanctions (including dismissal in appropriate cases) for noncompliance with legitimate court orders. Although a stay of the civil case might otherwise manage the risk, Degen’s absence made a stay impractical because the criminal case could not proceed in his absence; nevertheless, the existence of the other tools showed disentitlement was unnecessary.

Third, the Court addressed the asserted goals of vindicating court dignity and deterring flight. It acknowledged discomfort with a defendant remaining abroad while seeking relief in a related civil case but concluded that absolute disentitlement is too arbitrary and severe a response. The dignity of courts derives from respect for their judgments, which is undermined by excessive reliance on rules foreclosing merits determinations. The Court also noted the constitutional backdrop emphasizing a claimant’s right to defend property in court and cited prior instances where punitive disentitlement was deemed unconstitutional, while expressly declining to resolve any overarching due process question for a properly authorized disentitlement rule.

On this record, the Court held that the district court’s inherent power did not extend to striking Degen’s filings and granting summary judgment on the sole ground that he remained outside the country and was unamenable to the related criminal prosecution.

Holding and Implications

Holding: A district court may not strike a claimant’s filings in a forfeiture suit and grant summary judgment against him for failing to appear in a related criminal prosecution. The judgment of the Ninth Circuit is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion.

Implications: The decision limits the use of inherent powers and declines to extend the fugitive disentitlement doctrine to bar claimants from defending against civil forfeiture solely due to their absence from related criminal proceedings. District courts must employ less drastic, established tools—protective orders, case-management techniques, and ordinary sanctions—to protect the Government’s interests and the integrity of criminal cases while adjudicating civil forfeiture claims on their merits. The ruling directly restores Degen’s ability to litigate his defenses in the forfeiture action and sets no new rule beyond reinforcing the necessity and restraint required in invoking inherent judicial authority.

DEGEN v. UNITED STATES

Petitioner Degen is outside the United States and cannot be extradited to face federal drug charges. When he filed an answer in a related civil action, contesting the Government's attempt to forfeit properties allegedly purchased with proceeds from his drug dealings, the District Court struck his claims and entered summary judgment against him, holding that he was not entitled to be heard in the forfeiture action because he remained outside the country, unamenable to criminal prosecution. The court's final order vested title to the properties in the United States, and the Court of Appeals affirmed.

Held: A district court may not strike a claimant's filings in a forfeiture suit and grant summary judgment against him for failing to appear in a related criminal prosecution. Pp. 822-829.

(a) The Government contends that the District Court's inherent powers authorized it to strike Degen's claims under what has been labeled the "fugitive disentitlement doctrine." Principles of deference counsel restraint in resorting to the courts' inherent authority to protect their proceedings and judgments in the course of discharging their traditional responsibilities, see, e.g., Chambers v. NASCO, Inc., 501 U.S. 32, 44, and require its use to be a reasonable response to the problems and needs provoking it, Ortega-Rodriguez v. United States, 507 U.S. 234, 244. Pp. 822-824.
(b) No necessity justifies disentitlement here. Since the court's jurisdiction over the property is secure despite Degen's absence, there is no risk of delay or frustration in determining the merits of the Government's forfeiture claims or in enforcing the resulting judgment. The court has alternatives, other than the harsh sanction of disentitlement, to keep Degen from using liberal civil discovery rules to gain an improper advantage in the criminal prosecution, where discovery is more limited. Disentitlement also is too arbitrary a means of redressing the indignity visited upon the court by Degen's absence from the criminal proceedings and deterring flight from criminal prosecution by Degen and others. A court's dignity derives from the respect accorded its judgments. That respect is eroded, not enhanced, by excessive recourse to rules foreclosing consideration of claims on the merits. Pp. 824-829.
47 F.3d 1511, reversed and remanded.

KENNEDY, J., delivered the opinion for a unanimous Court.

JUSTICE KENNEDY delivered the opinion of the Court.

In this case we consider whether a United States District Court may strike the filings of a claimant in a forfeiture suit and grant summary judgment against him for failing to appear in a related criminal prosecution. The Court of Appeals for the Ninth Circuit held this to be a proper exercise of the District Court's inherent authority. We reverse.

A federal grand jury in Nevada indicted Brian Degen for distributing marijuana, laundering money, and related crimes. On the same day in 1989 that it unsealed the indictment, the United States District Court for the District of Nevada also unsealed a civil forfeiture complaint. The Government sought to forfeit properties in California, Nevada, and Hawaii, allegedly worth $5.5 million and purchased with proceeds of Degen's drug sales or used to facilitate the sales. 84 Stat. 1276, as amended, 21 U.S.C. § 881(a)(6)-(a)(7). An affidavit by an agent of the Drug Enforcement Agency accompanied the complaint and recounted instances of Degen's alleged drug smuggling during the previous 20 years.

Degen is a citizen of the United States and of Switzerland, his father having been born there. Degen moved to Switzerland with his family in 1988. He has not returned to face the criminal charges against him, and we are advised that Switzerland's extradition treaty with the United States does not oblige either country to turn its nationals over to the other. While remaining outside this country, however, Degen did file an answer in the civil action to contest the forfeiture. Among other things, he contended the Government's claims were barred by the statute of limitations, 46 Stat. 758, as amended, 19 U.S.C. § 1621, and based on an unlawful retroactive application of the forfeiture laws.

The District Court in the forfeiture case did not consider any of these arguments. Instead it granted the Government's motion to strike Degen's claims and entered summary judgment against him. The court held Degen was not entitled to be heard in the civil forfeiture action because he remained outside the country, unamenable to criminal prosecution. United States v. Real Property Located at Incline Village, 755 F. Supp. 308 (1990). After another two years consumed by procedural matters (for the most part involving attempts by Degen's wife to contest the forfeiture), the District Court entered a final order vesting title to the properties in the United States. The Court of Appeals for the Ninth Circuit affirmed. United States v. Real Property Located at Incline Village, 47 F.3d 1511 (1995) We granted certiorari 516 U.S. 1070 (1996).

In an ordinary case a citizen has a right to a hearing to contest the forfeiture of his property, a right secured by the Due Process Clause, United States v. James Daniel Good Real Property, 510 U.S. 43, 48-62 (1993); Fuentes v. Shevin, 407 U.S. 67, 80 (1972); McVeigh v. United States, 11 Wall. 259, 266-267 (1871), and implemented by federal rule, Rule C(6) of the Supplemental Rules for Certain Admiralty and Maritime Claims. Nonetheless, the Government argues, the District Court's inherent powers authorized it to strike Degen's claims under what some courts have labeled the "fugitive disentitlement doctrine." We have sustained, to be sure, the authority of an appellate court to dismiss an appeal or writ in a criminal matter when the party seeking relief becomes a fugitive. Ortega-Rodriguez v. United States, 507 U.S. 234, 239 (1993); Smith v. United States, 94 U.S. 97 (1876). The question before us is whether the doctrine should be extended to allow a court in a civil forfeiture suit to enter judgment against a claimant because he is a fugitive from, or otherwise is resisting, a related criminal prosecution. The Courts of Appeals to consider the question have come to different conclusions (compare the decision here and in United States v. Eng, 951 F.2d 461 (CA2 1991), with United States v. $40,877.59 in United States Currency, 32 F.3d 1151 (CA7 1994), and United States v. $83,320 in United States Currency, 682 F.2d 573 (CA6 1982)), precipitating our grant of certiorari in this case.

Courts invested with the judicial power of the United States have certain inherent authority to protect their proceedings and judgments in the course of discharging their traditional responsibilities. Chambers v. NASCO, Inc., 501 U.S. 32, 43-46 (1991); Link v. Wabash R. Co., 370 U.S. 626, 630-631 (1962); United States v. Hudson, 7 Cranch 32, 34 (1812). The extent of these powers must be delimited with care, for there is a danger of overreaching when one branch of the Government, without benefit of cooperation or correction from the others, undertakes to define its own authority. Roadway Express, Inc. v. Piper, 447 U.S. 752, 764 (1980). In many instances the inherent powers of the courts may be controlled or overridden by statute or rule. Carlisle v. United States, ante, at 426; Bank of Nova Scotia v. United States, 487 U.S. 250, 254 (1988). Principles of deference counsel restraint in resorting to inherent power, Chambers v. NASCO, supra, at 44, and require its use to be a reasonable response to the problems and needs that provoke it, Ortega-Rodriguez v. United States, supra, at 244; Thomas v. Arn, 474 U.S. 140, 146-148 (1985).

In accord with these principles, we have held federal courts do have authority to dismiss an appeal or writ of certiorari if the party seeking relief is a fugitive while the matter is pending. Several reasons have been given for the rule. First, so long as the party cannot be found, the judgment on review may be impossible to enforce. This was the rationale of the first case to acknowledge the doctrine, Smith v. United States, supra, at 97: "It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render." See also Bohanan v. Nebraska, 125 U.S. 692 (1887); Eisler v. United States, 338 U.S. 189 (1949). Second, we have said an appellant's escape "disentitles" him "to call upon the resources of the Court for determination of his claims." Molinaro v. New Jersey, 396 U.S. 365, 366 (1970) ( per curiam ). The cases cited so far involved the dismissal of fugitives' petitions in this Court. In reviewing similar practices in state courts for conformity with the Due Process Clause, we have noted further reasons for them: disentitlement "discourages the felony of escape and encourages voluntary surrenders," and "promotes the efficient, dignified operation" of the courts. Estelle v. Dorrough, 420 U.S. 534, 537 (1975) (per curiam) (using those reasons to justify refusing to reinstate an appeal even once an escaped appellant is recaptured). See also Allen v. Georgia, 166 U.S. 138 (1897).

Against this backdrop came our decision four Terms ago in Ortega-Rodriguez. The defendant had escaped from federal custody after conviction but before sentencing. He was sentenced in absentia, but later was recaptured and resentenced; he then filed an appeal, which was dismissed on the authority of Smith v. United States, supra, and the other disentitlement cases just described. We reversed, holding those precedents did not justify dismissal of an appeal by a fugitive recaptured before the appeal was filed. We noted the judgment of the Court of Appeals would be enforceable against the appellant, and that his earlier absence, when no appeal was pending, did not threaten the dignity of the court imposing the sanction. Ortega-Rodriguez v. United States, 507 U.S., at 244-246. We did not rule out the possibility of appellate disentitlement where necessary to prevent actual prejudice to the Government from a fugitive's extended absence, id., at 249, but we concluded the sanction of disentitlement was unjustified as a sanction applicable to all cases where an escape once had occurred, id., at 249-251. We conduct a similar examination of the disentitlement imposed here, and find it likewise unjustified.

There is no risk in this case of delay or frustration in determining the merits of the Government's forfeiture claims or in enforcing the resulting judgment. The Government has shown probable cause to forfeit the property, and Degen must refute the showing or suffer its loss. Since the court's jurisdiction over the property is secure despite Degen's absence, there is no danger the court in the forfeiture suit will waste its time rendering a judgment unenforceable in practice.

The Government is on stronger ground in suggesting the criminal prosecution against Degen might be compromised by his participation in the forfeiture case. The problem stems from the differences between the discovery privileges available to Degen in each case. See Afro-Lecon, Inc. v. United States, 820 F.2d 1198, 1203-1204 (CA Fed. 1987); Campbell v. Eastland, 307 F.2d 478, 487 (CA5 1962). A criminal defendant is entitled to rather limited discovery, with no general right to obtain the statements of the Government's witnesses before they have testified. Fed. Rules Crim. Proc. 16(a)(2), 26.2. In a civil case, by contrast, a party is entitled as a general matter to discovery of any information sought if it appears "reasonably calculated to lead to the discovery of admissible evidence." Fed. Rule Civ. Proc. 26(b)(1). The Government contends Degen might use the rules of civil discovery in the forfeiture suit to gain an improper advantage in the criminal matter, prying into the prosecution's case in a manner not otherwise permitted.

These problems are not uncommon when criminal and civil forfeiture suits are pending at the same time, but they are made acute by Degen's absence. If he were in federal custody, the risk of compromising the criminal case could be avoided by staying the civil suit until the prosecution is over. 21 U.S.C. § 881(i). Cf. United States v. Kordel, 397 U.S. 1, 9 (1970). Degen rendered this solution impractical by frustrating the prosecution of the criminal case against him. The criminal trial cannot begin until he returns, Crosby v. United States, 506 U.S. 255 (1993); if the civil matter were subordinated to the criminal, the forfeiture could be held in abeyance for an indefinite time. This delay would be prejudicial to the Government, for if its forfeiture claims are good, its right to the properties is immediate. We nonetheless are satisfied the District Court has the means to resolve these dilemmas without resorting to a rule forbidding all participation by the absent claimant.

First, the District Court has its usual authority to manage discovery in a civil suit, including the power to enter protective orders limiting discovery as the interests of justice require. Fed. Rule Civ. Proc. 26(c). Decisions in the Courts of Appeals have sustained protective orders to prevent parties from using civil discovery to evade restrictions on discovery in criminal cases. See, e.g., In re Ramu Corp., 903 F.2d 312, 316-317, 320-321 (CA5 1990); United States v. Stewart, 872 F.2d 957, 962-963 (CA10 1989); Campbell v. Eastland, supra, at 487. See also Capital Engineering Mfg. Co., Inc. v. Weinberger, 695 F. Supp. 36, 41-42 (DC 1988); Founding Church of Scientology v. Kelley, 77 F.R.D. 378, 380-381 (DC 1977).

Second, the court can exercise its discretion to manage the civil litigation to avoid interference with the criminal case. If, for instance, the Government were unable to rebut Degen's arguments except by revealing confidential details of the criminal investigation, the court could consider controlling or limiting the form of proof, or in an extreme case even the theories it permits the absent party to pursue, to prevent him from exploiting the asymmetries he creates by participating in one suit but not the other.

Third, of course, Degen's absence entitles him to no advantage. If his unwillingness to appear in person results in non compliance with a legitimate order of the court respecting pleading, discovery, the presentation of evidence, or other matters, he will be exposed to the same sanctions as any other uncooperative party. A federal court has at its disposal an array of means to enforce its orders, including dismissal in an appropriate case. Again, its powers include those furnished by federal rule, see, e.g., Fed. Rules Civ. Proc. 37, 41(b); National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639 (1976) (per curiam); Societe Internationale pour Participations Industrielles et Commerciales, S.A. v. Rogers, 357 U.S. 197, 212 (1958); cf. United States v. Pole No. 3172, 852 F.2d 636, 641-642 (CA1 1988), and by inherent authority, see, e. g., Chambers v. NASCO, Inc., 501 U.S., at 44-45; Link v. Wabash R. Co., 370 U.S., at 630-633; Woodson v. Surgitek, Inc., 57 F.3d 1406, 1416-1417 (CA5 1995); Zebrowski v. Hanna, 973 F.2d 1001, 1006 (CA1 1992) (Breyer, C.J.).

The details of these steps are committed to the discretion of the District Court; it would be premature to consider now the precise measures the court should adopt as the case proceeds. The existence of these alternative means of protecting the Government's interests, however, shows the lack of necessity for the harsh sanction of absolute disentitlement. Consideration of some of Degen's defenses, such as the statute of limitations, appears to require little discovery. If they have merit, the Government should not prevail; if they are groundless, the Government's interests will not be compromised by their consideration.

We have yet to consider two other purposes said to be advanced by disentitlement: The need to redress the indignity visited upon the District Court by Degen's absence from the criminal proceeding, and the need to deter flight from criminal prosecution by Degen and others. Both interests are substantial, but disentitlement is too blunt an instrument for advancing them. Without resolving whether Degen is a fugitive in all the senses of the word debated by the parties, we acknowledge disquiet at the spectacle of a criminal defendant reposing in Switzerland, beyond the reach of our criminal courts, while at the same time mailing papers to the court in a related civil action and expecting them to be honored. Cf. United States v. Sharpe, 470 U.S. 675, 681-682, n. 2 (1985). A court-made rule striking Degen's claims and entering summary judgment against him as a sanction, however, would be an arbitrary response to the conduct it is supposed to redress or discourage.

The right of a citizen to defend his property against attack in a court is corollary to the plaintiff's right to sue there. McVeigh v. United States, 11 Wall., at 267. For this reason we have held it unconstitutional to use disentitlement similar to this as punishment for rebellion against the United States, ibid., or, in at least one instance, for contempt of court, Hovey v. Elliott, 167 U.S. 409, 413-414 (1897). We need not, and do not, intimate a view on whether enforcement of a disentitlement rule under proper authority would violate due process, cf. Blackmer v. United States, 284 U.S. 421 (1932). It remains the case, however, that the sanction of disentitlement is most severe and so could disserve the dignitary purposes for which it is invoked. The dignity of a court derives from the respect accorded its judgments. That respect is eroded, not enhanced, by too free a recourse to rules foreclosing consideration of claims on the merits.

There would be a measure of rough justice in saying Degen must take the bitter with the sweet, and participate in the District Court either for all purposes or none. But the justice would be too rough. A court's inherent power is limited by the necessity giving rise to its exercise. There was no necessity to justify the rule of disentitlement in this case; to strike Degen's filings and grant judgment against him would be an excessive response to the concerns here advanced.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

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DEGEN v. UNITED STATES
(Jun 10, 1996)