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Scavello v. Township of Skippack

November 16, 2009


The opinion of the court was delivered by: Joyner, J.


This dispute has been brought before the Court on Defendants Mark Menapace, Marianne Menapace, George Bowen, Barbara Bowen, Carol Cross, David Carhart, and Amy Carhart's Motion for Attorneys' Fees pursuant to 42 U.S.C. § 1988. For the reasons articulated below, Defendants' Motion for Attorneys' Fees (Doc. No. 148) shall be GRANTED.


Plaintiffs' federal claim centers around a series of actions that occurred in the Township of Skippack and culminated in the passage of a no-parking ordinance that allegedly violated the Equal Protection Clause of the Federal Constitution. The facts of this case have been set forth in detail in this Court's Memorandum granting Defendants' Motions to Dismiss, and only a brief overview will be provided here.

At the heart of Plaintiffs' Amended Complaint was a dispute over the parking of Plaintiffs' vehicles on the street. Plaintiffs alleged that various individuals in the Township conspired with the Township Council to pass a no-parking ordinance that was designed to harass Plaintiffs and had no rational basis for being enacted. In filing their Complaint, Plaintiffs named forty-three Defendants, thirty of whom were involved in the conspiracy only by virtue of having signed a petition in favor of the no-parking ordinance. The Defendants who have filed the instant Motion are in this group, and the only federal allegation levied against them is that they conspired to violate Plaintiffs' Equal Protection rights. Plaintiffs also claimed a series of state law violations, including intentional infliction of emotional distress, invasion of privacy, and slander. In a Memorandum and Order dated October 1, this Court granted Defendants' Motions to Dismiss on all federal claims and declined to exercise jurisdiction over the pendent state law claims. Defendants then filed this Motion for Attorneys' fees on October 20.


42 U.S.C. § 1988 allows a court to award attorneys' fees to the prevailing party in a § 1983 case. Defendants in a § 1983 action are eligible to recover attorneys' fees under § 1988, but a prevailing defendant must meet a more stringent standard than a prevailing plaintiff in order to do so. Barnes Found. v. Twp. of Lower Merion, 242 F.3d 151, 157-58 (3d Cir. 2001). A prevailing defendant should only be awarded attorneys' fees if the plaintiff's claim was "frivolous, unreasonable, or groundless, or . . . the plaintiff continued to litigate after it clearly became so." Christianburg Garment Co. v. EEOC, 434 U.S. 412, 422 (1978).*fn1

The Third Circuit has articulated several factors that should be considered when determining whether a claim was frivolous, including "whether the plaintiff established a prima facie case, the defendant offered to settle, the trial court dismissed the case prior to trial or the case continued until a trial on the merits." Barnes, 242 F.3d at 158. In addition, the court should consider whether the issues litigated were ones of first impression, and what the real risk of the alleged injury was to the plaintiff. Id. Each case must be decided individually, however, and these factors are "guidelines, not strict rules." Id. at 161. "[I]t is important that a district court resist the understandable temptation to engage in post hoc reasoning by concluding that, because a plaintiff did not ultimately prevail, his action must have been unreasonable or without foundation." Christianburg, 434 U.S. at 421-22.

A defendant need not prevail on all claims in order to be considered the "prevailing party" for purposes of 42 U.S.C. § 1988. See Hensley v. Eckerhart, 461 U.S. 424, 435-37 (1983). This, however, does not mean that he is automatically entitled to attorneys' fees for the cost of defending the entire action if he prevails on only part of the case. See, e.g., Adams v. Teamsters Local 115, No. 99-4910, 2007 WL 2071897, at *3 (E.D. Pa. July 17, 2007) (noting that attorneys' fees necessary to defend against the plaintiff's § 1983 claims were recoverable, but that attorneys' fees generated in defense of the plaintiff's unadjudicated pendent state law claims were not recoverable). The Third Circuit has stated that the Hensley standard should govern in cases where the prevailing party faced both a fee-eligible federal claim and pendent state law claims for which attorneys' fees would not normally be available. Jama v. Esmor Corr. Servs., Inc., 577 F.3d 169, 179 (3d Cir. 2009). As the Court noted in Hensley, if there is a "common core of facts," it will frequently be the case that "[m]uch of counsel's time will be devoted generally to the litigation as a whole, making it difficult to divide the hours expended on a claim-by-claim basis." Hensley, 461 U.S. at 435. In these situations, "the district courts should focus on the significance of the overall relief obtained by the plaintiff in relation to the hours reasonably expended on the litigation." Id. For example, in circumstances where the prevailing party has not prevailed on all claims against it, a full award of attorneys's fees may prove excessive. Id. at 436. Importantly, however, there is no concrete rule as to how the district courts limit the award of fees. The central factor in determining the amount of attorneys' fees awarded is the degree of success obtained, but beyond that consideration it is equally permissible for this Court to identify specific hours that are not eligible for attorneys' fees as it is to reduce the overall award in proportion to the degree of success obtained. Id. at 436-37.


Plaintiffs claim that by signing a petition supporting the passage of a no-parking ordinance, the moving Defendants became a part of a conspiracy to violate Plaintiffs' Equal Protection rights. As the constitutional claim against the moving Defendants were frivolous, these Defendants are entitled to attorneys' fees under § 1988.

Starting with the first of the factors listed above, Plaintiffs did not set forth a prima facie case of an Equal Protection violation. As noted in this Court's Memorandum granting Defendants' Motions to Dismiss, Plaintiffs were unable to establish a class-of-one violation of the Equal Protection Clause. Plaintiffs did not point to other individuals who were similarly situated yet treated differently, and did not establish that the ordinance failed to meet the rational basis standard. It is on the latter point that Plaintiffs' argument most clearly failed. Although the actual motivation of the legislative body for passing a statute is irrelevant so long as there is some rational basis related to a legitimate government objective that could have motivated its passage, FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 315 (1993), Plaintiffs' argument focused, and continues to focus, on what they assert was the Township Council's actual reason for enacting the ordinance. While individual motivations may be relevant to Plaintiffs' conspiracy claims, they do not address the absence of a rational basis for the legislation as required for a class-of-one violation of the Equal Protection Clause. As discussed more fully in our Memorandum granting Defendants' Motions to Dismiss, the Township certainly could have had a basis for passing a no-parking ordinance that was rationally related to a legitimate government purpose, and this is sufficient for the Township's action to survive this Court's review. Plaintiffs' Amended Complaint, therefore, did not contain allegations that were sufficient to plead a constitutional violation.

Importantly, however, the Defendants who have filed this Motion were not directly responsible for the alleged constitutional violation, but were only potentially liable as part of a broader conspiracy to deprive Plaintiffs of their constitutional rights. In order for the moving Defendants to be liable, Plaintiffs would have had to show both a constitutional violation and a conspiracy. The failure to establish an underlying constitutional violation has already been discussed. As to the conspiracy element of the prima facie case, Plaintiffs sought to loop the moving Defendants into the conspiracy solely through the fact that they signed a petition in favor of a no-parking ordinance. Plaintiffs make no statements, nor do they introduce any facts tending to show, that the moving Defendants intended to violate Plaintiffs' constitutional rights when they signed the petition. Further, Plaintiffs do not make any showing that the moving Defendants engaged in any sort of concerted action, nor have they cited any law that would support a finding that the mere act of signing a petition constitutes a conspiracy. Plaintiffs, therefore, also failed to establish a prima facie case of conspiracy, which was the only federal claim brought against the moving Defendants.

Although Plaintiffs failed to state a prima facie case of an Equal Protection violation, their claim that the moving Defendants participated in a conspiracy to violate their constitutional rights was even further from establishing a prima facie case. The failure to even allege a prima facie case of conspiracy is especially problematic. Plaintiffs chose to file suit not only against those who were directly responsible for their alleged constitutional harms but also against anyone who was potentially tangentially involved. Without any indication that the moving Defendants acted as part of a conspiracy to violate Plaintiffs' ...

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