In a civil contempt case, in what circumstances can a court compel a defendant to comply with a court order, and/or to compensate the complainant for losses sustained as a result, in order to force him to comply?

In civil contempt proceedings, in the proper situation, judicial sanctions may be employed to "coerce the (alleged contemnor) into compliance with the court's order," and/or "compensate the complainant for losses sustained." UMW v. Lewis, 330 U.S. 258 (1947). Where compensation is intended, any fine imposed must be based on the evidence of the complainant's actual loss. Id. at 304. Where the purpose is to make the alleged contemnor comply with the court order, the court must exercise its discretion, taking into account the character and magnitude of the harm threatened by continued contumacy and the probable effectiveness of any suggested sanction in bringing about the desired result. Id. In fixing the amount of a fine to be imposed as a punishment or as a means of securing future compliance, a court should consider the amount of the alleged contemnor's financial resources and consequent seriousness of the burden to the alleged contemnor. Id.

Magistrate Judges do not have authority to make findings of contempt, so they must refer contempt charges with a certification of their factual findings to the District Judge. 28 U.S.C. 636(e); Bingman v. Ward, 100 F.3d 653, 656-657 (9th Cir. 1996). The jurisdiction, powers, and temporary assignments of United States Magistrate Judges are addressed in 28 U.S.C. 636, in pertinent part.

28 U.S.C. 636(e).

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