Ninth Circuit Affirms § 1983 Defense Summary Judgments, But Does Not Find Plaintiff’s Claims Were Groundless, Without Foundation, Frivolous, or Unreasonable in Nature.
42 U.S.C. § 1988 has a tough standard for prevailing defendants to hurdle in order to gain attorney’s fees recovery against a losing plaintiff in a § 1983 civil rights case: entitlement only happens “when plaintiff’s claims are groundless, without foundation, frivolous, or unreasonable.” (Karam v. City of Burbank, 352 F.3d 1188, 1195 (9th Cir. 2003).)
Although plaintiff lost summary judgments on § 1983 claims in Tsao v. Desert Palace, Inc., Case Nos. 09-16233/09-17535 (9th Cir. Oct. 23, 2012) (published), the Ninth Circuit vacated about $21,500 in fee/costs awards to the defense in rendering a published decision demonstrating why plaintiff’s claims were far from frivolous (although ultimately unsuccessful when the reviewing court affirmed the SJM rulings). Section 1988’s high standard was not forded in this one.
Car fording creek. Sept. 1940. Marion Post Wolcott, photographer. Library of Congress.