Contradictory deposition testimony leads to dismissal sanction

In Brown v. Oil States (No. 10-31257, revised Dec. 27, 2011), the plaintiff in a wrongful discharge case testified that he left his job because of racial harassment, and while that case was pending, testified in a personal injury case that he left the same job because of a back injury.  Finding that the plaintiff “plainly committed perjury” with this inconsistent testimony, the Court found no abuse of discretion in the sanction of dismissal of his employment suit.  (Op. at 13).