Tubbs v. Sacramento County Jail

258 F.R.D. 657, 2009 U.S. Dist. LEXIS 80659, 2009 WL 2591243
CourtDistrict Court, E.D. California
DecidedAugust 21, 2009
DocketNo. CIV. S-06-280 LKK/GGH
StatusPublished
Cited by7 cases

This text of 258 F.R.D. 657 (Tubbs v. Sacramento County Jail) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tubbs v. Sacramento County Jail, 258 F.R.D. 657, 2009 U.S. Dist. LEXIS 80659, 2009 WL 2591243 (E.D. Cal. 2009).

Opinion

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiff Javaris Tubbs is a former inmate of the Sacramento County Jail who brought suit under 42 U.S.C. § 1983 for defendants’ illegal conduct in removing him from his cell in January 2006. Plaintiff obtained a judgment in his favor against four of the sixteen defendants: Vasquez, Cherry, Kacalek and Isenogle. Pending before the court is plaintiffs Bill of Costs totaling $3,802.48 and defendants County of Sacramento, Blanas, Iwa-sa, Parker, Shelly, Miller, O’Shaughnessy, Hand, Jordan, Hambly and Douglas’s objections thereto. Also pending before the court is defendants Sacramento County, Blanas, Iwasa, Parker, Miller and Shelly’s Bill of [659]*659Costs totaling $3,798.09 and plaintiffs objections thereto.

I. Background

On April 11, 2006 this court granted plaintiffs request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Prior to trial, in April 2008 plaintiff voluntarily dismissed defendants Hambly, Jordan, O’Shaughnessy, and Hand. The remaining defendants submitted a motion for summary judgment in June 2008. On August 13, 2008 this court granted the motion for summary judgment as to defendant Glen Douglas.

At the start of trial, on January 21, 2009, plaintiff voluntarily dismissed defendant Shelly. On January 28, 2009 a jury ruled in favor of plaintiffs excessive force claim against defendants Vasquez, Cherry, Kacalek and Isenogle. Plaintiff was awarded one dollar in nominal damages against defendants Vasquez, Cherry, Kacalek and Isenogle and 250 dollars in punitive damages against defendant Vasquez. This court entered judgment on the jury verdict on January 30, 2009. In February 2009 plaintiff and defendants submitted their Bill of Costs and each submitted objections to the opposing party’s Bill of Costs.

II. Standard

Federal Rule of Civil Procedure 54(d)(1) and Eastern District Local Rule 54-292® govern the taxation of costs, other than attorney’s fees, to the prevailing party in a civil matter. Under Federal Rule of Civil Procedure 54(d)(1), unless a federal statute, the Federal Rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party. Fed.R.Civ.P. 54(d)(1). Trial courts do not have discretion to tax whatever costs seem appropriate. Courts may tax only costs defined in 28 U.S.C.A. § 1920 and Local Rule 54-292.

Parties prevail when judgment is entered in their favor. Rio Properties, Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1021-23 (9th Cir.2002). Under Federal Rule of Civil Procedure 54(d), there is a presumption in favor of awarding costs to the prevailing party, which can only be overcome when the court exercises its discretion to disallow costs for specific reasons. Ass’n of Mexican-Am. Educators v. Cal., 231 F.3d 572, 591 (9th Cir.2000) (en banc). In cases in which the prevailing party has been only partially successful, some courts have chosen to apportion costs among the parties or to reduce the size of the prevailing party’s award to reflect the partial success. See Wright & Miller, Federal Practice & Procedure § 2667. Or, in cases in which “neither side entirely prevailed, or when both sides prevailed, or when the litigation was thought to be the result of fault on the part of both parties,” some courts have denied costs to both sides. Barber v. T.D. Williamson, Inc., 254 F.3d 1223, 1233-35 (10th Cir.2001); See, e.g., Amarel v. Connell, 102 F.3d 1494, 1523 (9th Cir.1996) (“In the event of a mixed judgment, however, it is within the discretion of a district court to require each party to bear its own costs.”).

When considering “prevailing party” status in suits with multiple defendants, courts have made separate determinations of whether or not the plaintiff prevailed against each defendant. Ford v. Tennessee Senate, No. 06-2031-BV, 2007 WL 5659414, at *9 (W.D.Tenn. Aug. 15, 2007).

III. Analysis

Plaintiff and defendants Sacramento County, Blanas, Iwasa, Parker, Miller and Shelly seek recovery of costs under the statutory authority of 28 U.S.C. § 1920, each side having submitted a Bill of Costs. Docket Nos. 149 & 150. Both have submitted objections to the opposing Bill of Costs. Docket Nos. 156 & 157. Each contest the opposing party’s claim as the prevailing party. Each also objects to certain line items claimed in the Bills of Costs.

A. Prevailing Party Under Federal Rule of Civil Procedure 54(d).

Plaintiff and defendants both seek costs under Federal Rule of Civil Procedure 54(d). Both parties dispute who is the prevailing party on the claim, which is a requirement of obtaining costs under Federal Rule of Civil Procedure 54(d). In cases brought under § 1983, a plaintiff is considered to have prevailed if the legal relationship be[660]*660tween the parties has been materially altered and if he or she has obtained at least some relief on the merits of the claims. Farrar v. Hobby, 506 U.S. 103, 111-12, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). The court, however, has discretion to refrain from awarding costs or fees to a prevailing plaintiff if the verdict, although favorable to the plaintiff, would benefit him in no way. Id. at 110 & n. 3, 113 S.Ct. 566 (although plaintiffs obtained declaratory judgment in their favor against defendant prison officials, they were not “prevailing parties” because they were no longer inmates at the institution in question and therefore would not benefit from the judgment).

1. Plaintiff is prevailing party against defendants Vasquez, Cherry, Kaca-lek and Isenogle.

After jury trial, this court entered judgment in favor of plaintiff against defendants Vasquez, Cherry, Kacalek and Isenogle. “A plaintiff who wins nominal damages is a prevailing party under [42 U.S.C.] § 1988.” Farrar v. Hobby, 506 U.S. 103, 111-112, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). Therefore, plaintiff is the prevailing party against those defendants and should be awarded costs.1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
258 F.R.D. 657, 2009 U.S. Dist. LEXIS 80659, 2009 WL 2591243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tubbs-v-sacramento-county-jail-caed-2009.