Currie v. City of Elk River

Background

Brandon Currie sought damages and other relief based on events at a gas-station convenience store on September 3, 2018. Elk River Police Officers Clayton Aswegan and Brandon Martin responded to a report that Currie was behaving strangely. The officers believed Currie was impaired and needed medical attention, so they called an ambulance. When the ambulance arrived, Currie tried to flee. After a short chase, the officers tackled him, and Paramedic Ronnie Lawrence injected him with ketamine.

Currie initially asserted thirteen counts against the City of Elk River, the Elk River Police Department, Officers Aswegan and Martin, Allina Health Medical Emergency Services, and Lawrence. After the defendants filed motions for summary judgment, Currie dropped all but two claims: a civil-rights claim under federal law and the Fourth Amendment against the officers, and a medical-malpractice claim against Lawrence. The court entered summary judgment against those remaining claims in an earlier round of this case.

Bill of Costs

Allina Health Emergency Medical Services and Lawrence asked to recover taxable costs under 28 U.S.C. § 1920. Their bill sought $2,535.86 for deposition transcripts and $2,154.92 for copying, totaling $4,690.78. Currie objected.

Federal Rule of Civil Procedure 54(d)(1) generally allows costs to the prevailing party, but gives the district court discretion to deny costs when awarding them would be inequitable. A party seeking to avoid costs must show that a cost award would be unfair under the circumstances. The court may consider the non-prevailing party’s financial condition, including whether the person is unlikely to be able to pay in the future. Courts also consider whether the claims were frivolous and whether the party acted in good faith.

Court’s Analysis

The court found that Currie’s financial circumstances were dire. Currie testified that he lived in a tent in the woods. Medical records stated that he suffered from schizophrenia and methamphetamine dependence and needed a place to live.

The court also found that Currie’s medical-malpractice claim was not frivolous. Although summary judgment had been entered against that claim, the issue—whether Currie’s expert affidavit adequately supported the claim—required close analysis. The court noted that Currie’s last-minute abandonment of eleven claims raised concerns, but his decision complied with the safe-harbor provision of Rule 11. The court therefore declined to count that decision against him when deciding whether to award costs.

Disposition

The court held that it would be inequitable to award costs under these circumstances. Judge Eric C. Tostrud ordered that Allina Health Emergency Medical Services and Ronnie Lawrence’s bill of costs was denied.