Opinion
Civil Case No. 07-530-KI.
May 27, 2008
Kelly M. Doyle, Doyle Law PC, Portland, Oregon, Attorney for Plaintiff.
James G. Rice, City of Portland, Portland, Oregon, Attorney for Defendants.
OPINION AND ORDER
Before the court are Defendant Multnomah County's Cost Bill (#100) and the City Defendants' Bill of Costs (#97). The County seeks $223.30 and the City defendants seek $1,407.63.
Plaintiff asks that I deny costs entirely due to his indigence, the closeness of the case, and the chilling effect an award may have on future civil rights plaintiffs.
Federal Rule of Civil Procedure 54(d) creates a presumption in favor of awarding costs to prevailing parties. Two reasons approved by the Ninth Circuit for refusing to award costs are indigence and the chilling effect on future civil rights plaintiffs. Stanley v. University of Southern California, 178 F.3d 1069, 1079 (9th Cir.), cert. denied, 528 U.S. 1022 (1999).
Plaintiff provided evidence that he survives on a Social Security payment of approximately $600 per month. An award of costs would have a devastating effect on his ability to survive. Plaintiff alleged numerous constitutional violations concerning the conduct of the police. The County allegedly kept plaintiff jailed for several days after a judge ordered him released. These types of allegations are of significant public interest. Although plaintiff did not prevail, I agree that his case was a close one, as demonstrated by the jury's difficulty reaching a verdict and the parties' agreement to receive a verdict that was not unanimous.
After considering the issue, I decline to award any costs and deny Defendant Multnomah County's Cost Bill (#100) and the City Defendants' Bill of Costs (#97).
IT IS SO ORDERED.