Gray Ex Rel. Alexander v. Bostic
613 F.3d 1035
| 11th Cir. | 2010Background
- Gray, a 9-year-old student, was handcuffed by Deputy Bostic during a PE class after a minor disciplinary incident.
- Gray, by and through her mother, sued under 42 U.S.C. § 1983 for Fourth Amendment violations.
- The district court awarded $70,532.93 in attorney's fees following a $1 nominal damages verdict.
- This Court previously vacated and remanded to determine whether fees could be awarded despite nominal damages.
- The panel held the district court erred in counting citations to Gray II to gauge the legal significance of the victory and remanded for reconsideration of fees.
- Gray II held that school-official handcuffing a non-threatening nine-year-old violated the Fourth Amendment and that fee decisions must consider the degree of overall success.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in awarding fees in a nominal-damages case | Gray prevailed on a significant legal issue and public purpose supports fees | Fees should be denied or minimized due to nominal damages | No; the district court did not abuse its discretion; award affirmed on remand consideration of Farrar factors |
| Whether the district court erred by counting citations to Gray II to gauge significance | Counting citations to Gray II overstates significance | Citations show legal influence and should be considered | Yes; counting method was an error of law and requires remand for proper assessment |
| Whether Gray succeeded on a significant legal issue of first impression | Gray II established a novel standard affecting school officials | No novel or clearly established violation proven | Yes; Gray II presented a significant, first-impression issue. |
Key Cases Cited
- Farrar v. Hobby, 506 U.S. 103 (1992) (degree of success governs fee awards; nominal victory not automatically compensable)
- Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010) (discretionary fee awards not unlimited; factors matter)
- Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 24 (2010) (discretion in fee awards limited by legal error and reasonableness)
- United States v. Brown, 332 F.3d 1341 (11th Cir. 2003) (abuse of discretion when an error of law occurs in fee decisions)
- Mobley v. Head, 306 F.3d 1096 (11th Cir. 2002) (remand when district court errs in applying law to discretion)
- Collins v. Seaboard Coastline R.R. Co., 681 F.2d 1333 (11th Cir. 1982) (early guidance on discretionary fee awards and remand)