Elsharkawy v. Chisago Lakes School District Board of Education

Background

On October 2, 2024, the court granted summary judgment for the defendants. On November 22, 2024, the clerk of court taxed, or awarded, $22,673.09 in costs to the defendants. Faith Elsharkawy moved for review of that cost judgment.

Under Federal Rule of Civil Procedure 54(d) and 28 U.S.C. § 1920, costs other than attorney’s fees generally are allowed to the prevailing party, subject to the court’s discretion. The party challenging the award must show that it is inequitable under the circumstances.

Reasons for the Ruling

Elsharkawy argued that she should not have to pay because she and her husband had $320,000 in debt and combined monthly income of between $4,050 and $7,050. The court recognized that serious financial hardship can justify denying costs, but concluded that Elsharkawy had not shown that she would be unable to pay the costs in the future. The court also rejected her argument that the financial imbalance between her and the defendants made the award inequitable.

The court further rejected arguments based on the case’s alleged public importance and its asserted closeness. It concluded that the case was decided on the specific record before the court, was not framed as a lawsuit intended to promote public change, and did not present legal issues that were difficult to resolve in the defendants’ favor. The court also found no likely chilling effect on future civil-rights plaintiffs.

The court upheld the challenged deposition costs. It found that the fact-witness depositions were obtained for use in the case because most were used in summary-judgment briefing or cited in opposition to summary judgment. It also found that the expert deposition transcript fees were necessarily obtained for use in the case, particularly because one expert was the subject of a disqualification motion. Finally, the court upheld $647.30 in fees for retrieving medical records from St. Croix Regional Medical Center because the court reviewed and relied on those records when granting summary judgment. The court did not consider Elsharkawy’s settlement offer under Federal Rule of Evidence 408.

Disposition

Judge David S. Doty denied Elsharkawy’s motion for review of taxation of costs. The opinion does not state that the cost award was reduced or otherwise changed.