AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Attorneys' Fees & Costs: For Defendants
A plaintiff's $250
million lawsuit concerning the ownership of several pieces of personal
property seized by a police department, asserting claims for theft, violation
of civil rights, and violations of the Americans with Disabilities Act
was frivolous and groundless. Since the plaintiff failed to present a viable
case for any of his claims, the defendant was entitled to an award of $6,591
in attorneys' fees. Swiney v. State of Texas, Civil Action No. SA-06-CA-0941,
2008 U.S. Dist. Lexis 51522 (W.D. Tex.).
While police and
city prevailed in arrestee's excessive force lawsuit, the fact that there
was some evidence that he suffered injuries to his face requiring stitches,
and that the officers struck him after he had been subdued indicated that
his lawsuit was not frivolous or malicious. As a result, the defendants
were not entitled to an award of attorneys' fees against the plaintiff.
Stollings v. Current, No. 3:05-cv-109, 2007 U.S. Dist. Lexis 6665 (S.D.
Ind.).[N/R]
Trial court abused its discretion in denying
an award of costs to a city after it was granted summary judgment in a
lawsuit brought by an arrestee attempting to collect on a civil rights
judgment against a former police officer. The city was not liable for the
officer's conduct in ransacking the plaintiff's apartment because he was
not then acting within the scope of his employment, and the plaintiff was
therefore not entitled to enforce the judgment against the city. While
the appeals court upholds an exception to Federal Rule of Civil Procedure
54(d)(1) allowing losing indigent parties to avoid paying costs, the losing
plaintiff in this case failed to adequately show that she would be unable
to pay such costs to the city, and had not even yet attempted to discover
what assets the ex-police officer (now in prison), against whom she has
a $175,000 judgment, might have against which she could collect. Rivera
v. City of Chicago, No. 06-1318, 2006 U.S. App. Lexis 28839 (7th Cir.).
[N/R]
While jury returned a verdict for the defendant
police officer in an arrestee's lawsuit claiming excessive use of force,
the officer was not entitled to an award of attorneys' fees against the
plaintiff, since the arrestee's claim was not brought in bad faith or frivolous,
and the evidence would have been sufficient to support a jury verdict for
the plaintiff. Holmes v. McGuigan, No. 04-1299, 2006 U.S. Dist. Lexis 67361
(E.D. Pa.). [N/R]
Federal trial court's award of attorneys'
fees to defendant city and police officers in federal civil rights lawsuit
was improper and an abuse of discretion when it failed to provide any reasons
or explanations for the award, and also failed to calculate the amount
of attorneys' fees in compliance with prior instructions from a federal
appeals court. Dehertoghe v. City of Helmet, No. 04-55533, 159 Fed. Appx.
775 (9th Cir. 2005). [N/R]
Sheriff and sheriff's department were entitled
to an award of attorneys' fees under 42 U.S.C. Sec. 1988 when an arrestee's
lawsuit for harassment, malicious prosecution, abuse of process, and intentional
infliction of emotional distress in connection with the issuance of an
arrest warrant was voluntarily dismissed. The court found that the lawsuit
brought had been frivolous when the arrest never took place, the sheriff's
department, named as a defendant, was not a legal entity which could be
sued, and there was no showing that there was any alleged violation of
constitutional rights related to official county policies or practices.
Evans v. Monroe County Sheriff's Department, No. 05-10077, 148 Fed. Appx.
902 (11th Cir. 2005). [N/R]
Motorist's stipulation, in criminal proceeding,
that there had been probable cause to arrest her for felony assault with
a deadly weapon, a car, in a "road rage" incident, barred her
pursuit of lawsuit for unlawful arrest. The stipulation either had a collateral
estoppel effect, totaling barring the claim, or else, at the very least,
was admissible in the case as an admission by the plaintiff, which could
serve as a basis for summary judgment. Additionally, her continued pursuit
of her civil lawsuit after signing the stipulation was sufficient to enter
a finding that the lawsuit was maintained in bad faith, resulting in an
award of attorneys' fees and costs to defendants. Salazar v. Upland Police
Department, Nos. E032557, E033447, 11 Cal. Rptr. 2d 22 (Cal. App. 4th Dist.
2004). [N/R]
Trial court properly awarded $44,044 in attorneys'
fees to defendants in "frivolous, unreasonable, and groundless"
lawsuit filed by woman prosecuted on misdemeanor charges after refusing
to obey police officer's orders to leave city council meeting when he told
her the chamber was filled to capacity. Plaintiff, who was released on
her own recognizance after charges were made against her, was not seized,
and no motive to punish her for expressing her opinions about a proposed
airport expansion was shown. Attorneys' fee award served to help deter
frivolous lawsuits. Karam v. City of Burbank, No. 02-55954, 340 F.3d 884
(9th Cir. 2003). [2003 LR Dec]
Presence of officers during a court-sanctioned
entry into a man's residence by his wife in connection with divorce proceedings
to retrieve some of her possessions did not constitute an illegal search
and seizure in violation of federal and state constitutional provisions.
The plaintiff's federal civil rights claims against the city and officers
were frivolous and the defendants were therefore entitled to an award of
attorneys' fees. Todd v. City of Natchitoches, 238 F. Supp. 2d 793 (W.D.
La. 2002). [N/R]
Defendant municipality was entitled to payment
by plaintiff in civil rights case of its costs incurred after making a
settlement offer when the offer was not accepted and the judgment finally
obtained by the plaintiff was not more favorable to him than the offer,
pursuant to Federal Rule of Civil Procedure 68. Payne v. Milwaukee County,
#01-1818, 288 F.3d 1021 (7th Cir. 2002). [N/R]
333:132 Trial court properly assessed
attorneys' fees against motorist who sued officer for alleged illegal search
of her car when she presented no evidence of illegality and even conceded
at trial that she had consented to the search; awarding attorneys' fees
against her on a claim surrounding a second stop was an abuse of discretion
when her claim was not frivolous, although a jury rejected it. Myers v.
City of West Monroe, No. 98-30729, 211 F.3d 289 (5th Cir. 2000).
319:102 City was entitled to an award of
attorneys' fees and costs against plaintiffs and their attorney in case
where it was frivolously alleged, without sufficient evidence, that city
failed to evacuate black residents in the same manner as non-black residents
following chemical plant explosion. Walker v. City of Bogalusa, #97-31331,
168 F.3d 237 (5th Cir. 1999).
304:53 Officer was not entitled to an award
of attorneys' fees from plaintiff after officer prevailed in excessive
force lawsuit, in absence of a showing that lawsuit was frivolous. Cupp
v. Ziegler, 972 F.Supp. 421 (E.D. Mich. 1997).
301:5 Plaintiff ordered to pay defendant
law enforcement officers $3,903.75 in attorney's fees and court costs;
plaintiff liable for defendants' attorneys fees incurred after they made
a settlement offer that he rejected, following which summary judgment was
granted for defendants on all claims. Smith v. Vaughn, 171 F.R.D. 323 (M.D.
Fla. 1997).
290:20 Jury returns verdict for defendant
police officer and his sister-in-law, who testified that a another officer
was the man she saw masturbating in car outside her home, rejecting plaintiff
officer's federal civil rights suit alleging that they conspired to violate
his civil rights; court declines to award prevailing defendant attorneys'
fees, however, in absence of showing that lawsuit was "vexatious"
or "frivolous" Neider v. Comblo, 917 F.Supp. 262 (S.D.N.Y. 1996).
Trial court did not have to state detailed
findings in denying award of attorneys fees to prevailing defendants in
federal civil rights lawsuit Maag v. Wessler, 993 F.2d 718 (9th Cir. 1993).
Civil rights plaintiff solely seeking monetary
damages who was awarded only $1 in nominal damages was a "prevailing
party," but was not entitled to attorneys' fee award of $280,000;
Court states that, in such cases, "the only reasonable fee is usually
no fee at all" Farrar v. Hobby, 113 S.Ct. 566 (1992).
Federal appeals court modifies earlier opinion
awarding attorneys' fees to defendant officers in civil rights suit brought
by man taken into custody for medical evaluation because of irrational
behavior Maag v. Wessler, 960 F.2d 773 (9th Cir. 1992), superseding 944
F.2d 654 (9th Cir. 1991).
Awarding defendants fees and costs for defending
frivolous suits will not deter plaintiffs' from bringing suits Davis v.
City of Charleston, 649 F.Supp. 417 (E.D. Mo 1986).
Employer awarded attorney's fees of $20,54625
for having to defend harassing and groundless suit brought by employees
Lucas v. Aetna Ca and Sur Co, 552 F.Supp. 824 (D. Colo 1982).
Police chief awarded attorney's fees in suit
that accused him of drafting a misleading report to cover-up shooting incident
Larson v. Wind, 548 F.Supp. 479 (N.D.Ill. 1982).
Plaintiff's attorney ordered to pay $1,000
in attorney's fees to defendants for not litigating in good faith McCandless
v. Great Atlantic and Pacific Tea Company, Inc, 697 F.2d l98 (7th Cir.
1983).
City to receive attorney's fees as indemnitor
to officials sued by disciplined officer Campbell v. Cook, 706 F.2d 1084
(10th Cir. 1983).
Officer wins attorney's fees and costs in
suit voluntarily dismissed by plaintiff during trial Bovee v. LaSage, 664
P.2d 160 (Alaska 1983).
Police entitled to attorney's fees when granted
summary judgment Palmer v. Coons, 581 F.Supp. 1160 (D. Vt 1984).
U.S. Supreme Court allows attorneys to waive
fees in settlements Evans v. Jeff D, 475 U.S. 717 (1986).
Failure to follow pleading requirements in
Strauss results in attorney being personally responsible for defendants'
fees and costs Stewart v. City of Chicago, 622 F.Supp. 35 (DC Ill 1985).
Attorney must personally pay sheriff's attorney's
fees and costs Thornton v. Wahl, 787 F.2d 1151 (7th Cir. 1986).
Police officers awarded $29,294 in legal
costs after successfully defending against frivolous civil rights lawsuit
Kappenberger v. Oates, 663 F.Supp. 991 (S.D.N.Y. 1987).