Thai Meditation Association of Alabama, Inc. et al v. City of Mobile, Alabama et al

Filing 215

FINAL JUDGMENT in favor of Defendant and against Plaintiffs. Defendants shall be awarded costs reasonably incurred in connection with the case. Motion for costs due by 5/13/2022, with any response due by 5/23/2022. Signed by District Judge Terry F. Moorer on 4/21/2022. (mab)

Case 1:16-cv-00395-TFM-MU Document 215 Filed 04/21/22 Page 1 of 2

PageID #: 11874

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THAI MEDITATION ASSOCIATION
OF ALABAMA, INC., et al.,
Plaintiffs,
vs.
CITY OF MOBILE, ALABAMA,
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACT. NO. 1:16-cv-395-TFM-MU

FINAL JUDGMENT
In accordance with the Memorandum Opinion and Order (Doc. 214) that was entered on
April 21, 2022, it is hereby ORDERED, ADJUDGED, and DECREED:
(1)

Defendant’s Motion for Summary Judgment (Doc. 193) is GRANTED, and

Plaintiffs’ Counts 1, 4, and 6 are DISMISSED with prejudice; and
(2)

Plaintiffs’ Motion for Partial Summary Judgment (Doc. 195) is DENIED; and

(3)

Judgment is entered in favor of Defendant and against Plaintiffs.

To the extent appropriate under Fed. R. Civ. P. 54(d), 28 U.S.C. § 1920, and 42 U.S.C. §
1988, Defendant shall be awarded costs reasonably incurred in connection with this case.1 Any

1

“[A] district court may in its discretion award attorneys’ fees to a prevailing defendant in a . . .
[§] 1983 action upon a finding that the plaintiff’s lawsuit was ‘frivolous, unreasonable, or without
foundation.’” Sullivan v. Sch. Bd. of Pinellas Cty., 773 F.2d 1182, 1188 (11th Cir. 1985) (quoting
Hughes v. Rowe, 449 U.S. 5, 14, 101 S. Ct. 173, 66 L. Ed. 2d 163 (1980)); see also S. Atl. Cos.,
LLC v. Sch. Bd. of Orange Cty., 699 F. App’x 842 (11th Cir. 2017) (quoting Sullivan, 773 F.2d at
1188). The Court declines to make a sua sponte finding of “frivolity” as Plaintiffs’ case survived
summary judgment and resulted in a multi-day bench trial as well as a successful appeal that
resulted in a partial remand.
Page 1 of 2

Case 1:16-cv-00395-TFM-MU Document 215 Filed 04/21/22 Page 2 of 2

PageID #: 11875

request for costs shall also include the appropriate evidence in support of any requests. The motion
shall be due on or before May 13, 2022, with any response due on or before May 23, 2022.
The Clerk of Court is DIRECTED to enter this document on the civil docket as a final
judgment pursuant to Fed. R. Civ. P. 58. This case is hereby closed.
DONE and ORDERED this the 21st day of April 2022.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

Page 2 of 2