Brandau v. State of Kansas

168 F.3d 1179, 1999 Colo. J. C.A.R. 1689, 1999 U.S. App. LEXIS 2273, 75 Empl. Prac. Dec. (CCH) 45,906, 79 Fair Empl. Prac. Cas. (BNA) 31, 1999 WL 72239
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 16, 1999
Docket97-3290
StatusPublished
Cited by41 cases

This text of 168 F.3d 1179 (Brandau v. State of Kansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandau v. State of Kansas, 168 F.3d 1179, 1999 Colo. J. C.A.R. 1689, 1999 U.S. App. LEXIS 2273, 75 Empl. Prac. Dec. (CCH) 45,906, 79 Fair Empl. Prac. Cas. (BNA) 31, 1999 WL 72239 (10th Cir. 1999).

Opinions

McKAY, Circuit Judge.

Plaintiff Ann Brandau, a former employee of the State of Kansas, sued the State for hostile work environment and quid pro quo sexual harassment, retaliation, and constructive discharge under Title VII, 42 U.S.C. § 2000e-2(a)(l) to 2000e-17. She worked in the Adult Probation Division for the Twenty-[1181]*1181Ninth Judicial District of Wyandotte County, Kansas, and she sought twenty-one months’ back-pay and $50,000 in compensatory damages. Plaintiff prevailed on her hostile work environment sexual harassment claim, and the jury awarded her nominal damages of $1.00. The district court then found that Plaintiff was the prevailing party and awarded her attorney’s fees and expenses under 42 U.S.C. § 2000e-5(k) in the amount of $41,-598.13. Defendant appeals the district court’s decision to award attorney’s fees and expenses.1 We exercise jurisdiction under 28 U.S.C. § 1291.

We review an award of attorney’s fees for abuse of discretion. See Berry v. Stevinson Chevrolet, 74 F.3d 980, 989 (10th Cir.1996). We will reverse the district court’s factual findings only if we have “ ‘a definite and firm conviction that the lower court made a clear error of judgment or exceeded the bounds of permissible choice in the circumstances.’” Moothart v. Bell, 21 F.3d 1499, 1504 (10th Cir.1994) (quoting McEwen v. City of Norman, Okla., 926 F.2d 1539, 1553-54 (10th Cir.1991)). However, we review de novo the district court’s legal analysis underpinning the award. See Roe v. Cheyenne Mountain Conference Resort, Inc., 124 F.3d 1221, 1231 (10th Cir.1997).

Plaintiff and Defendant both rely on Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992), to support their claims regarding the award of fees and costs. In Farrar, the Supreme Court considered the reasonableness of awarding attorney’s fees under 42 U.S.C. § 1988 to a party who won only nominal damages in a 42 U.S.C. § 1983 action. See id. at 114, 113 S.Ct. 566. The Court denied attorney’s fees to a plaintiff who had sought $17 million from six defendants and, after more than a decade of litigation and two appeals, was awarded damages of only $1.00 from one defendant. See id. Writing for the majority, Justice Thomas observed that Mr. Farrar’s “litigation accomplished little beyond giving [him] ‘the moral satisfaction of knowing that a federal court concluded that [his] rights had been violated’ in some unspecified way.” Id. (citation omitted). He concluded that a plaintiff who seeks compensatory damages but achieves such limited success is often the type of prevailing party who “should receive no attorney’s fees at all.” Id. at 115, 113 S.Ct. 566.

Justice O’Connor’s concurring opinion in Farrar established a three-part analysis “to determine whether a prevailing party achieved enough success to be entitled to an award of attorney’s fees.” Phelps v. Hamilton, 120 F.3d 1126, 1131 (10th Cir.1997) (adopting Justice O’Connor’s framework); see Farrar, 506 U.S. at 121-22, 113 S.Ct. 566 (O’Connor, J., concurring). This framework requires the district court to determine the “relevant indicia of success” by examining: (1) the difference between the judgment recovered and the judgment sought; (2) “the significance of the legal issue on which the plaintiff prevailed”; and (3) “the public purpose served” by the litigation. Farrar, 506 U.S. at 122, 113 S.Ct. 566 (O’Connor, J., concurring); see also Phelps, 120 F.3d at 1131. In light of these considerations, Jus tice O’Connor concluded that, because Mr. Farrar’s case was protracted, demanded $17 million from six defendants, and completely failed to advance any public good, it was “simply not the type of victory that merits an award of attorney’s fees.” Farrar, 506 U.S. at 116, 113 S.Ct. 566 (O’Connor, J., concurring). She therefore agreed with the Court that “the appropriate fee ... [was] no fee at all.” Id. at 122, 113 S.Ct. 566 (O’Connor, J., concurring). Nevertheless, as Justice White, joined by three of his colleagues, noted in Farrar, the Court did not hold that recovery of nominal damages can never support the [1182]*1182award of attorney’s fees. See id. at 124, 113 S.Ct. 666 (White, J., concurring in part and dissenting in part).

Because Justice O’Connor’s framework elaborates on the parameters of a district court’s discretion to award attorney’s fees to a prevailing plaintiff who recovers only nominal damages, we followed those parameters in Phelps. See Phelps, 120 F.3d at 1131. Additionally, in accordance with Justice White’s observation in Fmrar, we emphasized that the application of the O’Connor factors did not undermine the general rule that prevailing parties should recover attorney’s fees “ ‘unless special circumstances would render such an award unjust.’” Id. (quoting Blanchard v. Bergeron, 489 U.S. 87, 89 n. 1, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989)).

In this case, the district court applied precisely the analysis we adopted in Phelps. Analyzing the degree of success obtained, the first factor under Farrar, the court found that, despite Plaintiffs limited monetary recovery, her victory was not merely technical or de minimis; instead, the jury’s “verdict vindicated the violation of her civil rights.” Appellant’s App. at 80. The court determined that the difference between the judgment recovered and the recovery sought was significantly distinct from the corresponding difference in Farrar: Plaintiffs claims for damages were not extravagant-she sought only back pay for twenty-one months and $50,000 in non-economic damages-while Mr. Farrar sought damages of $17 million. The court also relied on the fact that, unlike Mr. Farrar’s litigation which was drawn out over ten years and two appeals, Plaintiffs litigation was not protracted.2 Citing this court’s decision in Koopman v. Water District No. 1, 41 F.3d 1417, 1421 (10th Cir.1994), the court determined that Plaintiffs nominal damage award did not preclude an award of fees.

With respect to the second Farrar factor, the significance of the legal issue on which the plaintiff prevailed, the district court determined that Plaintiff succeeded on her primary claim, sexual harassment. See Appellant’s App. at 81.

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168 F.3d 1179, 1999 Colo. J. C.A.R. 1689, 1999 U.S. App. LEXIS 2273, 75 Empl. Prac. Dec. (CCH) 45,906, 79 Fair Empl. Prac. Cas. (BNA) 31, 1999 WL 72239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandau-v-state-of-kansas-ca10-1999.