Miller v. Portland

The Ninth Circuit reversed the district court's order denying an award of attorney's fees to plaintiff in a 42 U.S.C. 1983 action. After plaintiff filed suit against Portland, it made a Rule 68 Offer of Judgment for $1,000, plus reasonable attorney's fees to be determined by the district court. Plaintiff accepted the offer, but when she moved for fees, the district court denied the motion on the ground that the award was a de minimis judgment under 42 U.S.C. 1988. The panel held that Portland's offer – and plaintiff's acceptance – which the panel interpreted as a contract, provided that plaintiff would receive her reasonable attorney's fees, without referencing section 1988 or otherwise reserving to the district court the antecedent question of whether plaintiff was entitled to a fee award. Accordingly, the panel remanded for a determination and award of a reasonable fee. View "Miller v. Portland" on Justia Law