Lorenzo Wood v. Cynthia Provow

Summary

The court grants Defendant Cynthia Provow’s motion for a bill of costs after a jury found that Lorenzo Wood failed to prove his medical-indifference claim under 42 U.S.C. § 1983. The court awards $1,914.86 for witness fees, deposition transcript fees, copying costs, and docket fees under Federal Rule of Civil Procedure 54(d) and 28 U.S.C. § 1920.

Holdings

1. The prevailing Defendant was entitled to recover taxable costs because Rule 54(d)(1) makes an award of costs the normal rule, and Plaintiff did not show a basis for denying or reducing the award.
2. Defendant was entitled to $181.40 in witness costs, consisting of the statutory $40 attendance fee and $141.40 in mileage for a nonparty trial witness.
3. Defendant was entitled to $927.96 for Plaintiff's deposition transcript because Plaintiff testified at trial and the transcript was reasonably necessary for cross-examination or trial preparation.
4. Defendant was entitled to $785.50 for copying and printing 1,571 pages of discovery documents produced to Plaintiff.
5. Defendant was entitled to recover $20.00 in docket fees.

Questions Presented

1. Whether Defendant was entitled under Federal Rule of Civil Procedure 54(d)(1) and applicable statutes to recover the requested taxable costs as the prevailing party.
2. Whether the requested witness fees, deposition transcript fees, copying and printing fees, and docket fees were authorized and properly taxable.

Disposition

other