Songer
Songer v. St. Helena Unified School District
Opinion
Lead Opinion
MEMORANDUM **
Jane M. Songer appeals from the district court’s order granting attorneys’ fees and costs to St. Helena Unified School District. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s award of attorneys’ fees and remand the award of costs to be recalculated based on Songer’s free speech and free association claims only.
A district court’s decision to award attorneys’ fees under § 1983 is reviewed for abuse of discretion. Brooks v. Cook, 938 F.2d 1048, 1055 (9th Cir.1991); see Hensley v. Eckerhart, 461 U.S. 424, 437 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983). However, legal conclusions regarding the award of attorneys’ fees are reviewed de novo, see Gilbrook v. City of Westminster, 177 F.3d 839, 875 (9th Cir.1999), and factual findings for clear error. Corder v. Gates, 947 F.2d 374, 377 (9th Cir.1991).
A court may award reasonable fees to the prevailing party under § 1983. 42 U.S.C. § 1988 (b). However, to give meaningful effect to the private civil rights enforcement scheme in Title VII, fees may be awarded to a prevailing defendant in a Title VII case only when an action is unreasonable, frivolous, meritless, or vexatious. See…