Bosley v. Mineral County Commission
650 F.3d 408
4th Cir.2011Background
- Bosley sued Mineral County officials under § 1983 and state-law claims after officers attempted to take her estranged husband into custody and he killed himself during the process.
- The district court granted summary judgment for some defendants; an offer of judgment under Rule 68(a) for $30,000 (no mention of costs or fees) was served on Bosley and timely accepted.
- After judgment, Bosley sought attorney's fees and costs under § 1988(b); the district court awarded $55,331.25 in fees and $11,132.55 in costs (total $66,463.80).
- Appellants argued the $30,000 offer should be interpreted as inclusive of costs and attorney's fees, but the district court and Fourth Circuit rejected this interpretation.
- The court explained Marek v. Chesny governs Rule 68 interpretation: if an offer does not indicate costs are included, the court must add an amount for costs, including attorney's fees under § 1988.
- The court affirmed the district court’s fee-and-cost award and rejected attempts to modify the offer’s terms with extrinsic evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 68 offer was inclusive of costs | Bosley argues the $30,000 offer includes costs and fees. | Mineral County argues the offer was silent on costs and should be interpreted as excluding them. | Offer silent on costs; costs must be added |
| Whether attorney's fees under § 1988 are recoverable as Rule 68 costs | Bosley should recover fees as part of costs under § 1988. | Not disputed; dispute is about inclusion in the offer, not entitlement. | § 1988 fees qualify as Rule 68 costs; must be added |
| Whether extrinsic evidence can modify the Rule 68 offer | Extrinsic evidence could show fees were intended to be included. | Offer terms should be interpreted strictly; extrinsic evidence is improper. | Extrinsic evidence rejected; interpretation constrained to written terms |
Key Cases Cited
- Marek v. Chesny, 473 U.S. 1 (1985) (Rule 68 allows lump-sum offers including costs; costs may be included or require add-on)
- Nordby v. Anchor Hocking Packaging Co., 199 F.3d 390 (7th Cir. 1999) (distinguishes when substantive claims include fees vs. not; informs interpretation of offers)