Johnson v. Fulton-El Camino Recreation & Parks District

Filing 61

ORDER denying defendant's Motion for Attorneys' Fees, signed by Judge Garland E. Burrell, Jr., on 9/6/11. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN D. JOHNSON,

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Plaintiff,

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v.

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FULTON-EL CAMINO RECREATION &
PARKS DISTRICT,

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Defendant.
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2:09-cv-01930-GEB-EFB
ORDER DENYING DEFENDANT’S
MOTION FOR ATTORNEYS’ FEES
AND COSTS*

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Defendant moves for attorneys’ fees and costs, arguing that it

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was granted summary judgment on Plaintiff’s 42 U.S.C. § 1983 Fifth and

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Fourteenth Amendment procedural due process claims because those claims

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were “entirely frivolous in nature and filed in bad faith.” (Def.’s Mot.

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6:9-10.) Plaintiff opposes the motion.

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“In any action or proceeding to enforce . . . [42 U.S.C. §

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1983] . . . the court, in its discretion, may allow the prevailing party

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. . . a reasonable attorney’s fee as part of the costs.” 42 U.S.C. §

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1988(b). “[A] prevailing defendant should not routinely be awarded

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attorneys’ fees simply because [it] has succeeded, but rather only where

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the action

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vexatious.” Vernon v. City of Los Angeles, 27 F.3d 1385, 1402 (9th Cir.

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1994) (internal quotation marks omitted). A claim is “frivolous . . .

is

found

to

be unreasonable,

frivolous,

meritless, or

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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when the result is obvious or the [claim is] wholly without merit.” Id.

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“Attorneys’ fees in civil rights cases should only be awarded to a

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defendant in exceptional circumstances.” Barry v. Fowler, 902 F.2d 770,

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773 (9th Cir. 1990).

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In addition, “[u]nder its ‘inherent powers,’ a district court

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may . . . award sanctions in the form of attorneys’ fees against a party

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or counsel who acts ‘in bad faith[.]’” Leon v. IDX Systems Corp., 464

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F.3d 951, 961 (9th Cir. 2006) (quoting Primus Auto. Fin. Servs., Inc. v.

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Batarse, 115 F.3d 644, 648 (9th Cir.1997)). “Before awarding such

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sanctions, the court must make an express finding that the sanctioned

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party’s behavior ‘constituted or was tantamount to bad faith.’” Id.

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(quoting Primus, 115 F.3d at 648). “A finding of bad faith is warranted

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where [a party] knowingly or recklessly raises a frivolous argument, or

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argues a meritorious claim for the purpose of harassing an opponent.”

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Primus, 115 F.3d at 649.

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Here,

since

Defendant

has

not

satisfied

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applicable to its motion, its motion is denied.

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Dated:

any

September 6, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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standard