Jamie Johnson in her capacity as tutor for R.C., a minor child v. Randy Smith, et al.

Summary

The United States District Court for the Eastern District of Louisiana denies defendants’ motion for attorney’s fees under 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 54(d)(2). The court concludes that the plaintiff’s civil-rights claims were not frivolous, despite dismissal on qualified-immunity grounds and affirmance by the Fifth Circuit, and also notes defendants’ failure to comply with Local Rule 54.2. The court dismisses without prejudice defendants’ motion to tax costs because the initial determination must be made by the clerk under the applicable local rules.

Holdings

1. Defendants were not entitled to attorney's fees because plaintiff's claims were not frivolous, unreasonable, or groundless. A loss on summary judgment based on qualified immunity, including failure to satisfy the clearly-established-law prong, does not by itself establish frivolousness.
2. Even if defendants had established frivolousness, the court would have declined to award fees because defendants failed to comply with Local Rule 54.2 by omitting a verified, contemporaneous report documenting the date, time, and nature of the services performed.
3. The motion to tax costs was procedurally improper and was dismissed without prejudice because the initial determination regarding costs must be made by the clerk of court.

Questions Presented

1. Whether defendants were entitled to attorney's fees under 42 U.S.C. § 1988 on the ground that plaintiff's civil-rights claims were frivolous, unreasonable, or groundless.
2. Whether defendants' attorney's-fee motion complied with Local Rule 54.2 despite failing to include a verified, contemporaneous billing report.
3. Whether the district court could decide defendants' motion to tax costs when Local Rules 54.3 and 54.3.1 assign the initial determination to the clerk of court.

Disposition

other