Washington v. Afify et al
Filing
59
DECISION AND ORDER Plaintiff's converted motion seeking to vacate the Clerk's award of costs 58 is hereby granted, and the Clerk's award of costs to defendants 57 is vacated in its entirety. Signed by Hon. David G. Larimer on 5/13/2019. Copy of this Decision and Order sent by First Class Mail to plaintiff Anthony Washington on 5/13/2019 to his address of record. (KAH)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
ANTHONY WASHINGTON,
DECISION AND ORDER
Plaintiff,
11-CV-6176L
v.
CHAPLAIN M. AFIFY et al.,
Defendants.
________________________________________________
Plaintiff Anthony Washington (“plaintiff”), proceeding pro se, brought this action against
sixteen employees and officials of Southport Correctional Facility (“Southport”). Claims against
twelve of the defendants were dismissed prior to trial. At trial, the jury found “no cause” with
respect to three of the four remaining defendants. As to the final defendant, the jury found that
plaintiff had proved a Constitutional violation, but awarded only nominal damages of one dollar.
(Dkt. #50, #53).
Rule 54 of the Federal Rules of Civil Procedure provides that “costs other than attorneys’
fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” Fed.
R. Civ. P. 54(d). On February 7, 2018, defendants’ counsel filed a Notice of Intent to Tax Costs,
alleging that due to the fact that “15/16 Defendant[s]” successfully defended against plaintiff’s
claims, defendants were entitled to an award of costs as the “prevailing party” in this action. (Dkt.
#55, #56). Plaintiff did not timely respond or object to the Notice, and on May 17, 2018, the
Clerk issued an award of costs to defendants in the amount of $197.96, which required that
objections to the award, if any, should be filed within 7 days. (Dkt. #57). Twelve days later, on
May 29, 2018, plaintiff filed a motion seeking the Court’s “review” of the Clerk’s award of costs.
(Dkt. #58).
Having determined that the interests of justice will be served by the Court’s review of the
Clerk’s taxation of costs in this matter, this Court will construe plaintiff’s tardy motion for review
as a timely motion to vacate the Clerk’s award of costs. See Brodie v. Pressley, 1999 U.S. Dist.
LEXIS 13768 (S.D.N.Y. 1999) (reviewing award of costs for the benefit of indigent pro se
plaintiff who failed to timely object, and noting that courts have the discretion to refuse to tax costs
if doing so would be inequitable). For the reasons that follow, that motion is granted, and the
Clerk’s award of costs (Dkt. #57) is vacated.
Initially, the Court finds, as a matter of law, that the defendants are not the prevailing
parties in this action, pursuant to Fed. R. Civ. Proc. 54. District courts in this Circuit and
elsewhere have consistently found that even where, as here, a plaintiff obtains only nominal
damages, that plaintiff is nonetheless the “prevailing party” for purposes of taxing costs under Fed.
R. Civ. Proc. 54(d). See e.g., Monsour v. N.Y. State Office for People With Developmental
Disabilities, 2018 U.S. Dist. LEXIS 113041 at *35 (N.D.N.Y. 2018) (plaintiff who obtains one
dollar in nominal damages is the prevailing party for purposes of taxing costs under Fed. R. Civ.
Proc. 54(d)); Alvarez v. City of New York, 2017 U.S. Dist. LEXIS 64311 at *18 (S.D.N.Y. 2017)
(same); Dingle v. City of New York, 2012 U.S. Dist. LEXIS 52024 at *27-*28 (S.D.N.Y. 2012)
(same); Ciaprazi v. County of Nassau, 195 F. Supp. 2d 398, 400 (E.D.N.Y. 2002) (same);
LaBounty v. Rivera, 1999 U.S. Dist. LEXIS 18877 at *23 (S.D.N.Y. 1999) (same); It’s
Entertainment v. Choice Entertainment, 1994 U.S. Dist. LEXIS 1339 at *7 (S.D.N.Y. 1994)
(same).1
1
While defendants urge the Court to consider the magnitude of the results achieved by plaintiff in deciding who is the
prevailing party in this action, defendants provide no legal authority – nor does research reveal any – for the
2
Plaintiff has not sought an award of costs here, presumably because there were no taxable
costs given that plaintiff proceeded in forma pauperis, and the time to make such a request has
long elapsed. However, because plaintiff (and not the defendants) was the prevailing party in this
action for purposes of an award of costs under Fed. R. Civ. Proc. 54, the defendants were not
entitled to an award of costs in any event. Equity demands that the Clerk’s award of costs be
vacated.
Having determined that the Clerk’s award of costs must be vacated because defendants
were not a prevailing party in this action under Fed. R. Civ. Proc. 54, the Court need not reach the
merits of plaintiff’s specific objections to the costs assessed. (Dkt. #58).
Plaintiff’s converted motion seeking to vacate the Clerk’s award of costs (Dkt. #58) is
hereby granted, and the Clerk’s award of costs to defendants (Dkt. #57) is vacated in its entirety.
IT IS SO ORDERED.
_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
May 13, 2019.
proposition that the magnitude of the results achieved is in any way relevant to an award of costs (as opposed to
attorneys fees) under Fed. R. Civ. Proc. 54. Although on rare occasions, “certain courts ‘have recognized that it is
inappropriate to award full costs when plaintiffs have prevailed on only a small portion of [their] claims,’” courts
considering the proportionality of a plaintiff’s success have used it only as a basis to reduce a plaintiff’s award of costs
as the prevailing party, and not to deny a plaintiff “prevailing party” status. Soley v. Wasserman, 2014 U.S. Dist.
LEXIS 136513 at *7-*8 (S.D.N.Y. 2014) (emphasis added) (quoting E.E.O.C. v. Colgate-Palmolive Co., 617 F. Supp.
843, 844 (S.D.N.Y. 1985)).
3
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?