Rosselló-González v. Acevedo-Vilá

483 F.3d 1
CourtCourt of Appeals for the First Circuit
DecidedMarch 13, 2007
DocketNos. 06-1448 to 06-1450
StatusPublished
Cited by19 cases

This text of 483 F.3d 1 (Rosselló-González v. Acevedo-Vilá) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosselló-González v. Acevedo-Vilá, 483 F.3d 1 (1st Cir. 2007).

Opinion

TORRUELLA, Circuit Judge.

The main issue in this case is whether the district court abused its discretion in refusing to award attorneys’ fees. See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs .... ” (emphasis added)). After careful consideration, we determine that the district court did not abuse its discretion, and we affirm the denial of attorneys’ fees to both parties.

Background

On November 2, 2004, a general election was held in Puerto Rico, pitting Pedro J. Rosselló-González and Luis Fortuno, candidates on the New Progressive Party ticket for Governor and Resident Commissioner, against Aníbal Acevedo-Vilá and Roberto Prats-Palerm, candidates on the Popular Democratic Party ticket.1 After the balloting was conducted, a series of disputes arose between the parties as to the procedures for issuing and counting absentee ballots, whether a general recount should be conducted, and whether certain ballots known as “three-mark split” ballots should be counted. A more detailed description of these claims may be found in our first opinion in this case, Rosselló-González v. Calderón-Serra, 398 F.3d 1 (1st Cir.2004).

[4]*4On November 10, Rosselló-González and others (the “Plaintiffs”)2 filed suit against then-Governor Sila María Calderón-Serra, Acevedo-Vilá, and others (the “Defendants”)3 alleging constitutional violations arising out of the conduct of the election. Specifically, Plaintiffs asked for a preliminary and permanent injunction ordering Defendants (1) to perform a full recount of all of the votes cast in the general election, (2) to ensure that all persons who had requested absentee ballots had received them, and to count all absentee ballots received within thirty days of the injunction, (3) to set a uniform standard for treatment of split ballots, and (4) to refrain from spending any money on the transition before the recount was completed. On November 23, the district court ordered that all of the ballots be recounted and that the disputed “three-mark split” ballots be segregated and not adjudicated.

Defendants brought an interlocutory appeal of the district court’s recount order. We issued our opinion on December 15, 2004.4 Id. We ruled that “the Rosselló complaint alleges the violation of a constitutionally guaranteed right, and thus, presents a colorable claim under § 1983 for subject-matter jurisdiction purposes.” Id. at 15. Nevertheless, we held that Plaintiffs’ case “presents even less cause for federal intervention” than in prior cases where we abstained from intervening. Id. at 18. Accordingly, we vacated the preliminary injunction and ordered the district court to dismiss with prejudice all of Plaintiffs’ claims “relating to the adjudication of the three-mark ballots, and all claims relating to the simultaneous general canvass/recount issue.” Id. We also dismissed without prejudice the claims relating to the absentee ballots and Puerto Rico Law 197. Id.

Both parties moved for attorneys’ fees under 42 U.S.C. § 1988, and Defendants requested attorneys’ fees as a sanction under 28 U.S.C. § 1927. The district court referred the matter to a magistrate judge, who issued a report and recommendation denying Plaintiffs’ fees and granting Defendants’ fees. Plaintiffs filed an objection to the adoption of the magistrate judge’s report and recommendation. The district court agreed with the magistrate judge that Plaintiffs were not prevailing parties and thus were not entitled to legal fees. However, the district court found that the absentee ballot claim presented an “enfranchisement claim” that might be recognized as justiciable under Partido Nuevo Progresista v. Barreto Pérez, 639 F.2d 825 (1st Cir.1980), and that Plaintiffs received substantial relief on this claim, albeit not backed by judicial imprimatur. Furthermore, the district court found that Plaintiffs had a colorable claim under Puerto Rico law to a simultaneous recount and canvass, and that such a claim could have been brought under the supplemental jurisdiction of 28 U.S.C. § 1367. Additionally, the district court noted that a claim that the split ballots were adjudicated inconsistently (as Plaintiffs had initially alleged) might have been a valid claim under Bush v. Gore, 531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000), but that after the litigation commenced, it appeared that the ballots would be adjudicated consistently. [5]*5Accordingly, the district court found that Plaintiffs had stated colorable, non-frivolous claims, and as such, Defendants were not entitled to attorneys’ fees.

Discussion

We review an award of attorneys’ fees for “manifest abuse of discretion, and ‘a reviewing court customarily defers to the trial judge, whose intimate knowledge of the nuances of the underlying case uniquely positions him to construct a condign award.’ ” Díaz-Rivera v. Riveras-Rodríguez, 377 F.3d 119, 124 (1st Cir.2004) (quoting Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 292 (1st Cir.2001)).

We begin by addressing Plaintiffs’ request for attorneys’ fees. Section 1988 states that a plaintiffs may be entitled to attorneys’ fees in the discretion of the district court only if he or she is a “prevailing party.” 42 U.S.C. § 1988(b). A party is a prevailing party “when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Gay Officers Action League, 247 F.Sd at 293. Furthermore, the change in legal relationship must be brought about by “judicial imprimatur.” Buckhannon Board & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 605, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). The district court found that Plaintiffs were not prevailing parties because they did not receive any final relief backed by judicial imprimatur.

Plaintiffs claim that they received some actual relief on their claims when the district judge issued orders asserting jurisdiction over the absentee ballots and directing Defendants to perform a recount by counting all ballots but segregating and not adjudicating the disputed three-mark split ballots.

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Bluebook (online)
483 F.3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossello-gonzalez-v-acevedo-vila-ca1-2007.