Balvitsch v. Dakota Burger N Fries - No. 20130202
Jon Tollefson appeals from a district court order holding him in contempt of court and ordering him to pay attorney fees to Jason Balvitsch and Chad Weisgram.
Balvitsch and Weisgram sued Tollefson and Dakota Burger N Fries Corporation, alleging fraud, breach of contract, and securities fraud, among other things. Balvitsch and Weisgram brought a motion seeking to hold Tollefson in contempt of court for violating a prior oral order of the district court prohibiting Tollefson from making negative public comments about Weisgram or Lowell Bottrell, an attorney in the law firm representing Balvitsch and Weisgram. In their motion, Balvitsch and Weisgram alleged Tollefson had previously included defamatory allegations against Weisgram and Bottrell in pleadings and on the internet. They alleged that, after the district court had ordered Tollefson to stop making such comments, Tollefson sent an e-mail to Balvitsch's and Weisgram's attorney indicating that he planned to start websites in the United Kingdom posting information about Weisgram and Bottrell. After a hearing, the district court found Tollefson in contempt of court and ordered him to pay $750 in attorney fees to Balvitsch and Weisgram.
On appeal, Tollefson argues that the district court order finding him in contempt violated his constitutional rights to freedom, liberty, free speech, access to the courts, the Fifth Amendment, and the Fourteenth Amendment, and that the district court judge had slandered, extorted, and sanctioned him in violation of his constitutional rights and federal law.