Marc Wachter v. Vipin Shah, Tish Brashear-Finney, Percy Myers, and Daniel Monti, Warden of Centralia Correctional Center, in his Official Capacity only

Summary

The United States District Court for the Southern District of Illinois overruled Marc Wachter’s objection to the defendants’ separate bills of costs following summary judgment in the defendants’ favor. The court held that the requested transcript costs were recoverable under Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. §§ 1920 and 1924, and directed the Clerk to tax $707.25 against Wachter for three defendants and $310.93 for Defendant Monti.

Holdings

1. Federal Rule of Civil Procedure 54(d)(1) creates a strong presumption that costs will be awarded to the prevailing party, and the losing party must affirmatively show a legally sufficient reason for denying costs.
2. Fees for printed or electronically recorded transcripts necessarily obtained for use in the case are recoverable costs under 28 U.S.C. § 1920.
3. Indigence does not automatically excuse a losing party from paying costs; to overcome Rule 54(d)(1)'s presumption, the objecting party must provide sufficient documentation showing that he is incapable of paying the costs now or in the future.

Questions Presented

1. Whether Defendants were entitled to recover the transcript costs listed in their bills of costs under Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920.
2. Whether Plaintiff's allegations of Defendants' misconduct, autism spectrum disorder, or financial condition overcame the presumption in favor of awarding costs to the prevailing parties.
3. Whether the requested transcript costs were reasonable, necessary, and adequately supported by declarations and invoices.

Disposition

other