930 F.3d 1107
9th Cir.2019Background
- Wynona Mixon, a federal prison case manager, was investigated after alleging she was raped by inmate Harold Goins; investigators ultimately found evidence she induced sexual relations with Goins in exchange for contraband.
- FBI and OIG agents investigated; the U.S. Attorney’s Office obtained a grand jury indictment charging Mixon under 18 U.S.C. § 2243(b) and related false-statement counts.
- At trial the government presented 26 witnesses; several inmates and Mixon’s supervisor testified; the jury acquitted Mixon on all counts.
- Mixon moved for attorneys’ fees under the Hyde Amendment, arguing government agent misconduct (not prosecutorial misconduct) made the government’s position vexatious/frivolous/bad faith.
- The district court denied Hyde fees; Mixon appealed denial and the denial of her motion for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mixon is entitled to attorney’s fees under the Hyde Amendment | Agent misconduct by investigators (Mendez, DeSouza) made the government’s case vexatious/frivolous/bad faith, warranting fees | Hyde requires egregious prosecutorial misconduct making the government’s litigating position as a whole vexatious/frivolous/bad faith; agent misconduct alone is insufficient | Held: No — Hyde fees require prosecutorial misconduct; Mixon conceded prosecutors acted professionally, so fees denied |
| Whether misconduct by law-enforcement agents (absent prosecutorial misconduct) can trigger Hyde relief | Agent actions that tainted the investigation should suffice for fee-shifting | Hyde focuses on the government’s litigating position, i.e., prosecutors’ conduct and position as a whole | Held: No — misconduct by agents without prosecutorial participation/ bad-faith litigation stance does not meet Hyde standard |
Key Cases Cited
- United States v. Braunstein, 281 F.3d 982 (9th Cir. 2002) (Hyde requires prosecutors to be more than merely wrong; must be willfully or frivolously wrong)
- United States v. Sherburne, 249 F.3d 1121 (9th Cir. 2001) (Hyde applies to the government’s litigating position as a whole)
- United States v. Capener, 608 F.3d 392 (9th Cir. 2010) (prosecutorial mistake alone cannot satisfy Hyde)
- United States v. Monson, 636 F.3d 435 (8th Cir. 2011) (law-enforcement misconduct does not automatically make government’s litigating position vexatious absent prosecutorial misconduct)
- Lane v. Pena, 518 U.S. 187 (1996) (waivers of sovereign immunity strictly construed)