District Judge Erred In Denying Any Fees Based On Incorrect Civil Rights Fee-Shifting Analysis.
In Miller v. City of Portland, No. 14-35783 (9th Cir. Aug. 22, 2017) (published), a civil rights plaintiff accepted a defense Rule 68 offer for $1,000 with reasonable attorney’s fees to be determined by the district court. After plaintiff moved for fees, the district judge denied any at all based on the ground that the $1,000 award was a de minimis judgment under 42 U.S.C. § 1988, a provision with case law indicating that a nominal judgment does allow for a denial of fees by a district court. The Ninth Circuit reversed, determining that the analysis below misfired by relying on civil rights principles rather than contractual principles in interpreting the Rule 68 offer. By acceptance of the Rule 68 offer, plaintiff was entitled to some amount of fees, given that the offer did not reference section 1988. Remanded to the district judge to fix some amount of fees to be awarded to plaintiff.