Allen Wisdom v. Centerville Fire District, Inc

MEMORANDUM

Allen L. Wisdom appeals pro se from the district court’s order awarding costs and attorney’s fees after the district court’s grant of summary judgment in favor of Centerville Fire District, Inc. and ten others. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. P.N. v. Seattle Sch. Dist. No. 1, 474 F.3d 1165, 1168 (9th Cir.2007). We affirm.

The district court did not abuse its discretion by awarding attorney’s fees and costs to defendants, pursuant to 42 U.S.C. § 1988 , after concluding that Wisdom’s civil rights claims were frivolous. See Franceschi v. Schwartz, 57 F.3d 828, 832 (9th Cir.1995). Contrary to Wisdom’s contentions, defendants were “prevailing parties” after summary judgment was granted in their favor. See Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 605 , 121 S.Ct. 1835 , 149 L.Ed.2d 855 (2001) (a party is a “prevailing party” when, inter alia, they obtain “judgment on the merits”). Moreover, the record indicates that the district court considered Wisdom’s pro se status prior to awarding fees and costs.

The district court did not abuse its discretion by awarding taxable costs to…