Sayers v. Stewart Sleep Center, Inc.

932 F. Supp. 1415, 1996 WL 434449
CourtDistrict Court, M.D. Florida
DecidedJuly 22, 1996
DocketNo. 94-516-CIV-ORL-22
StatusPublished
Cited by1 cases

This text of 932 F. Supp. 1415 (Sayers v. Stewart Sleep Center, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sayers v. Stewart Sleep Center, Inc., 932 F. Supp. 1415, 1996 WL 434449 (M.D. Fla. 1996).

Opinion

ORDER

CONWAY, District Judge.

This cause comes before the Court for consideration of Defendants’ Motion to Tax Attorneys’ Fees (Doe. 238(b)) pursuant to Federal Rule of Civil Procedure 54 and its counterpart Local Rule 4.18, Middle District of Florida. Title 42, United States Code, Section 2000e-5(k) authorizes, at the Court’s discretion, the award of attorney’s fees to a prevailing party in a Title VII case.

A. Background

Plaintiff, Linda Sayers (“Sayers”) brought an action against Defendants Stewart Sleep Center, Inc. d/b/a Matter Brothers Furniture, Thomas Matter, John Matter, David Matter and Stewart Matter, II (“Matter Brothers”), alleging, inter alia, sexual harassment under Title VII and the Florida Civil Rights Act. Sayers also brought supplemental state claims of battery and intentional infliction of emotional distress against each individually named defendant. After trial on the cause, the jury found for Matter Brothers on all counts. The Court entered Final Judgment on November 21,1995.

B. Defendants’ Motion to Tax Attorneys’ Fees

Title VII specifically confers upon district courts the power to use its discretion in awarding reasonable attorney’s fees to a prevailing party. 42 U.S.C. § 2000e-5(k) (West 1994). Section 2000e-5(k) reads, in pertinent part: “In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee (including expert fees) as part of the costs.... ” 42 U.S.C. § 2000e-5(k). Section 760.11(5), Florida Statutes, adopts a similar provision. Matter Brothers clearly is [1417]*1417the prevailing party since it received a jury verdict on all Sayers’ claims.

Policy concerns militate that a court should carefully heed the potential harmful effects of granting attorney’s fees to a defendant in a civil rights action. By enacting the attorney’s fee provision of Title VII, Congress intended to encourage plaintiffs to vindicate “a policy that Congress considered of the highest priority.” Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 418, 98 S.Ct. 694, 698, 54 L.Ed.2d 648 (1978) (quoting Newman v. Piggie Park Enterprises, 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)). Since Congress could have chosen to provide awards only to prevailing plaintiffs, Title VII’s inclusive language, “prevailing party,” indicates that Congress intended for prevailing defendants to recover as well. 42 U.S.C. § 2000e-5(k) (emphasis added).

As the Supreme Court pointed out in Christiansburg Garment, the equitable considerations of counsel-fee awards differ between a prevailing defendant and plaintiff. Id. at 418, 98 S.Ct. at 698. When a plaintiff prevails in a Title VII action, resulting in the vindication of a civil right, the court effectively sanctions the violating party when it taxes the defendant with the plaintiffs attorney’s fees. Id. Although a prevailing defendant does not enjoy this same “vindication,” such a defendant certainly experiences some vindication through exculpation. By prescribing attorney’s fees to both prevailing plaintiffs and defendants, Congress provides assistance to defendants who incur great expense defending themselves from unfounded, futile, and often protracted litigation.

Christiansburg Garment fleshed out the sparse legislative history underlying Congress’s passage of 2000e-5(k) and concluded that while Congress wanted to facilitate plaintiffs’ Title VII suits, “it also wanted to protect defendants from burdensome litigation having no legal or factual basis.” Id. at 420, 98 S.Ct. at 700. The Court stated that “a district court may in its discretion award attorney’s fees to a prevailing defendant in a Title VII case upon a finding that the plaintiffs action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Id. at 421, 98 S.Ct. at 700. However, the Court admonished district courts not to engage in post hoc reasoning that a defeated plaintiffs claims must have been without foundation simply because the plaintiff did not prevail. Id. at 42H22, 98 S.Ct. at 700. The Court further stated:

Hence, a plaintiff should not be assessed his opponent’s attorney’s fee unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so. And, needless to say, if a plaintiff is found to have brought or continued such a claim in bad faith, there will be an even stronger basis for charging him with the attorney’s fees incurred by the defense.

Id. at 422, 98 S.Ct. at 701.

The Eleventh Circuit has established criteria by which a court may guide its inquiry into whether a plaintiffs case meets the Christiansburg Garment standards. The three factors include: (1) whether the plaintiff established a prima facie ease; (2) whether the defendant offered to settle; and (3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits. Sullivan v. School Board of Pinellas County, 773 F.2d 1182, 1189 (11th Cir.1985). See also Walker v. NationsBank of Florida N.A., 53 F.3d 1548, 1559 (11th Cir.1995).

In Sullivan, a Jewish female brought an action under Title VII alleging sex and religious discrimination. Id. at 1184. Following a nine-day bench trial, the district court found for the defendant and sua sponte declared the plaintiffs claims to be frivolous, inviting the defendant to petition for attorney’s fees. Id. The Court of Appeals reversed the “frivolity” finding, stating, “In determining whether a suit is frivolous, ‘a district court must focus on the question whether the case is so lacking in arguable merit as to be groundless or without foundation____’” Id. at 1189 (quoting Jones v. Texas Tech University, 656 F.2d 1137, 1145 (5th Cir.1981)). The Court further opined that a finding of “frivolity” can be sustained if the court finds “all of [plaintiffs] testimony to be absolutely incredible and pure fabrication.” Id. at 1190.

Applying the Sullivan factors, this Court finds that Matter Brothers’ attorneys’ [1418]*1418fees should be taxed against Sayers. In reaching this conclusion, the Court is mindful that courts should sparingly award attorney’s fees to prevailing defendants so as not to produce a chilling effect upon civil rights litigation by deterring plaintiffs from risking suits.

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932 F. Supp. 1415, 1996 WL 434449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sayers-v-stewart-sleep-center-inc-flmd-1996.