Sullivan v. Bay Area Rapid Transit

Background

Clark Sullivan, Adam Bredenberg, and Benjamin Royer, along with two other plaintiffs, sued the City of Berkeley and the San Francisco Bay Area Rapid Transit District over alleged violations of the Americans with Disabilities Act and the First, Fourth, Eighth, and Fourteenth Amendments. A January 2018 order dismissed the transit district and all claims against the City except claims for First Amendment retaliation and alleged Fourth and Fourteenth Amendment violations. After trial in May 2019, the jury found for the City, and judgment was entered in the City’s favor.

The City filed a bill of costs totaling $9,073.35. After objections, $6,672.60 remained at issue. The plaintiffs moved to retax the costs, meaning they asked the court to recalculate or reduce the costs charged to them. They sought denial of all costs or, alternatively, denial of costs not allowed under Federal Rule of Civil Procedure 54(d), particularly videography costs.

Videography costs

The court held that the City could not recover the costs of videotaping depositions in this case. Although videotaped deposition costs can sometimes be recoverable, the court found that transcribed depositions were all that was needed here. It therefore ordered the taxed costs reduced by the videography expenses.

Request to deny all costs

The court declined to deny the remaining costs entirely. It considered factors recognized by the U.S. Court of Appeals for the Ninth Circuit, including the public importance of the case, the difficulty of the issues, whether an award could discourage similar lawsuits, and the plaintiffs’ financial resources. The court acknowledged that the claims raised some important issues about homelessness, but found that the remaining costs were not large enough to discourage litigation and that the issues were not complex. It also noted that only two individual claims reached trial after summary judgment and that the jury unanimously ruled for the City after deliberating for less than a day.

The court found that Bredenberg was liable in full because he was not homeless and had been regularly employed. Because of Sullivan’s and Royer’s limited financial resources, each was ordered to pay only $100 for the time being. The remainder of each person’s share was excused for the time being, subject to a lien on any future judgment or monetary award from claims they might make against Berkeley or another governmental agency. The City was required to perfect any such liens with proper paperwork.

Disposition

Judge William Alsup granted the motion to the extent described above and otherwise denied it. The taxed costs were reduced to $5,494.10, and Sullivan and Royer each were required to pay $100 for the time being.