Harmon v. City of Pocatello et al
Filing
49
MEMORANDUM DECISION AND ORDER re 39 Motion for Attorney Fees. IT IS HEREBY ORDERED: Defendants' Motion for Attorney Fees (Dkt. 39 ) is DENIED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
KERRY HARMON,
Case No. 4:17-cv-00485-DCN
Plaintiff,
MEMORANDUM DECISION AND
ORDER
v.
CITY OF POCATELLO; POCATELLO
POLICE DEPARTMENT; and
SHANON BLOXHAM, BRANDON
VAIL, SHAUN WRIGHT, and RUSS
GUNTER in his and/or her individual
capacity as a police officer for the
Pocatello Police Department,
Defendants.
I. INTRODUCTION
Pending before the Court is Defendants City of Pocatello, City of Pocatello Police
Department, Shannon Bloxham, Brandon Vail, Shaun Wright, and Russ Gunter’s
(collectively “Defendants”) Motion for Attorney Fees. Dkt. 39. Defendants have also filed
a Bill of Costs. Dkt. 40.
Having reviewed the record and briefs, the Court finds that the facts and legal
arguments are adequately presented. Accordingly, in the interest of avoiding further delay,
and because the Court finds the decisional process would not be significantly aided by oral
argument, the Court will address the motion without oral argument. Dist. Idaho Loc. Civ.
R. 7.1(d)(1)(B). For the reasons outlined below, the Court finds good cause to DENY the
MEMORANDUM DECISION AND ORDER – 1
Motion.
II. BACKGROUND
On November 28, 2017, Plaintiff Kerry Harmon filed her complaint, alleging seven
civil rights causes of action under 42 U.S.C. § 1983: (1) a Constitutional violation for
unlawful entry, seizure, and arrest; (2) a Constitutional violation for failing to communicate
legal justification for an arrest; (3) a Constitutional violation for use of excessive force; (4)
a Constitutional violation for malicious prosecution; (5) a Constitutional violation for
failure to intervene; (6) a Constitutional violation for failure to train; and (7) a Monell claim
based on “widespread practices and/or policies” of the Pocatello Police Department. Dkt.
1.
On May 3, 2019, the parties filed cross-motions for summary judgment. Dkts. 21,
22. The Court held oral argument on July 1, 2019, and on January 7, 2020, the Court issued
an order granting summary judgment in Defendants’ favor. Dkt. 37.
Defendants subsequently filed the instant motion for attorney fees arguing they are
entitled to litigation reimbursement because Harmon brought frivolous claims against
them. Harmon opposes the motion outright1, asserting that while the Court may have
ultimately ruled against her, she had a legitimate basis for her suit.
III. ANALYSIS
In general, each party to a lawsuit bears its own attorney fees unless Congress has
provided otherwise through statute. Hensley v. Eckerhart, 461 U.S. 424, 429 (1983).
In other words, Harmon does not even mention hourly rates, hours billed, or total fees in her opposition
brief. She objects to the award as a whole.
1
MEMORANDUM DECISION AND ORDER – 2
In any action to enforce a provision of 42 U.S.C. § 1983, the Court, in its discretion,
may award the prevailing party their reasonable attorney fees as part of the costs. 42 U.S.C.
§ 1988(b). “Attorneys’ fees in civil rights cases should only be awarded to a defendant in
exceptional circumstances.” Barry v. Fowler, 902 F.2d 770, 773 (9th Cir. 1990). The Ninth
Circuit has determined that a prevailing civil rights defendant should be awarded attorney
fees when the action brought is found to be “unreasonable, frivolous, meritless or
vexatious.” Patton v. County of Kings, 857 F.2d 1379, 1381 (9th Cir. 1988) (quoting
Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978)).
In this case, Defendants assert that Harmon’s lawsuit was unreasonable, meritless,
and without foundation. In support, Defendants rely on various statements from the Court’s
prior decision granting summary judgment—particularly statements the Court made
concerning the validity of the warrant at issue and the lack of any constitutional
depravations Harmon suffered.
Harmon counters that while it is true “the Court found Summary Judgment for all
claims for the Defendant, it does not mean that Plaintiff’s case was pursued frivolously
without foundation.” Dkt. 42, at 2. Under the circumstances, the Court agrees.
In this case, Harmon brought weighty constitutional challenges against numerous
individuals. The factual events that took place on the night in question were somewhat
unique. The Court’s decision on summary judgment was nearly 50 pages, analyzed dozens
of prior cases, and addressed complex legal principles such as qualified immunity,
unconstitutional government action, and what constitutes an arrest. While the length of the
Court’s decision is by no means determinative of the strength of any parties’ position, it
MEMORANDUM DECISION AND ORDER – 3
suffices the Court to note that this case did entail numerous difficult questions that required
lengthy analysis.2
And while the Court did not ultimately find in Harmon’s favor—and, as Defendants
correctly point out, even used strong language in support of Defendants’ actions—that does
not mean that Harmon’s claims were meritless or without foundation. Arrest, seizure,
excessive force, prosecution, and the other constitutional challenges here are very fact
specific and—as the Court noted in its decision—have sometimes resulted in varied
outcomes.
The Court determined Harmon’s allegations in this case did not sufficiently rise to
the level of any constitutional violations, but that is not to say that similar circumstances
in another case would bring the same result. The Court did not make its finding in this case
based on the complete absence of facts, but after carefully examining those facts (and the
applicable law) and finding them wanting.
Defendants stress that even if the Court finds that Harmon did not bring her claims
in “subjective bad faith” it can still award fees if the action was “frivolous, unreasonable,
or without foundation.” Dkt. 44, at 2 (citing Jensen v. Stangel, 762 F.2d 815, 817 (9th Cir.
1985). In this case, such is a distinction without a difference. The Court finds today that
Harmon did not bring her claims in subjective bad faith, nor was the action “frivolous,
unreasonable, or without foundation.” While some of the claims may have been a bit of a
The Court is not implying that any single decision was a particularly “close call,” or a “slam dunk.” Simply
put, the relevant facts in this case—when measured up against the applicable law—warranted an in-depth
review.
2
MEMORANDUM DECISION AND ORDER – 4
stretch and easier for the Court to summarily dismiss, others were more nuanced.
Finally, Harmon notes that the Court erred in its ruling concerning malicious
prosecution because it made its decision based on the Cassie Hughes’ investigation and not
the prior telephone harassment charge. While not particularly relevant to the attorney fee
issue, for clarity, the Court wishes to point out that this is an incorrect statement. Contrary
to Harmon’s assertions, while the Court did analyze the malicious prosecution claim as to
Cassie Hughes, it also analyzed the claim as to the 2015 telephone harassment charge,3 and
broadly as to the whole situation of events that took place.4 In each respect, the Court found
no malicious prosecution.
IV. CONCLUSION
In this case, the Court did not find sufficient factual basis to support any of
Harmon’s claims and granted summary judgment in Defendants favor. Insufficiency,
however, is not the same as “frivolous, unreasonable, or without foundation.” That standard
denotes an absence of reason or purpose. Here, Harmon had reasons for bringing the types
3
As the Court stated in its decision:
Moreover, even if Harmon had alleged a claim for malicious prosecution with respect to
her prior charge for telephone harassment—stemming from the original arrest warrant in
the 2015 case, as will be explained in greater detail below, she cannot establish a lack of
probable cause. This is fatal to Harmon's malicious prosecution claim. Specifically, with
respect to the 2015 charges, there was a valid warrant establishing probable cause to arrest
Harmon for telephone harassment. The fact that those charges were later dismissed does
not signify any type of malicious prosecution, but only that the prosecutor decided to drop
the charges.
Harmon v. City of Pocatello, No. 4:17-CV-00485-DCN, 2020 WL 104677, at *13 (D. Idaho Jan. 7, 2020).
4
The Court did erroneously state that Harmon was not “prosecuted for either charge.” Id. at *14. In reality,
Harmon was prosecuted for the prior telephone incident, but the charges were later dropped (as the Court
noted in its decision). This misstatement does not alter the Court’s analysis.
MEMORANDUM DECISION AND ORDER – 5
of claims that she did, the Court simply found those reasons were not enough to rise to the
level necessary to support such constitutional challenges.
V. ORDER
IT IS HEREBY ORDERED:
1. Defendants’ Motion for Attorney Fees (Dkt. 39) is DENIED.
DATED: April 2, 2020
_________________________
David C. Nye
Chief U.S. District Court Judge
MEMORANDUM DECISION AND ORDER – 6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?