OPINION OF THE COURT
FOX V. VICE
563 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 10-114
RICKY D. FOX, PETITIONER
v. JUDY ANN VICE,
as executrix of the ESTATE OF BILLY RAY VICE, et al.
on writ of certiorari to the united states court of
appeals for the fifth circuit
[June 6, 2011]
Justice Kagan delivered the
opinion of the Court.
Federal law authorizes a court to
award a reasonable attorney’s fee to the prevailing party in
certain civil rights cases. See 42 U. S. C. §1988. We have
held that a defendant may receive such an award if the plaintiff’s
suit is frivolous. In this case, the plaintiff asserted both
frivolous and non-frivolous claims. We hold today that a court may
grant reasonable fees to the defendant in this circumstance, but
only for costs that the defendant would not have incurred but for
the frivolous claims. A trial court has wide discretion in applying
this standard. But here we must vacate the judgment below because
the court used a different and incorrect standard in awarding
fees.
I
This case arises out of an
election for chief of police in the town of Vinton, Louisiana. The
candidates were petitioner Ricky Fox (the challenger) and
respondent Billy Ray Vice (the incumbent).[
Footnote 1] By Fox’s account, Vice resorted to an
assortment of dirty tricks to try to force Fox out of the race. In
particular, Vice sent an anonymous letter to Fox threatening to
publish damaging charges against him if he remained a candidate.
Vice also arranged for a third party to publicly accuse Fox of
using racial slurs and then to file a criminal complaint against
Fox repeating those allegations. And when prosecutors ignored that
faux complaint, Vice leaked it to the press. Yet all of these
machinations failed; Fox won the election. And Vice got an even
greater comeuppance: He was subsequently convicted of criminal
extortion for his election-related conduct.
Fox, however, chose not to let
the matter rest; he filed this suit in Louisiana state court
against Vice and the town of Vinton, also a respondent here. Fox’s
complaint asserted both state-law claims, including defamation, and
federal civil rights claims under 42 U. S. C. §1983, including
interference with his right to seek public office. Vice and the
town (Vice, for short) removed the case to federal court on the
basis of the §1983 claims.
At the end of discovery in the suit, Vice
moved for summary judgment on Fox’s federal claims. Fox conceded
that the claims were “no[t] valid,” App. 169, and the District
Court accordingly dismissed them with prejudice. In the same
ruling, the court declined to exercise supplemental jurisdiction
over the remaining state-law claims. Docket No. 2:06–cv–135 (WD
La., Oct. 16, 2007), App. to Pet. for Cert. 38a–40a. The court
instead remanded the now slimmed-down case to state court for
adjudication. In doing so, the District Court observed that “[a]ny
trial preparation, legal research, and discovery may be used by the
parties in the state court proceedings.”
Id., at 40a.
Vice then asked the federal court for an award
of attorney’s fees under §1988, arguing that Fox’s federal claims
were “baseless and without merit.” App. 198. Vice stated that his
lawyers had had to participate in five lengthy depositions and
review numerous records to defend against Fox’s charges.
Id., at 199. In support of his fee request, Vice submitted
attorney billing records estimating the time spent on the whole
suit, without differentiating between the federal and state-law
claims. See Supp. App. 8–67.
The District Court granted the motion for
attorney’s fees on the ground that Fox’s federal claims were
frivolous. Although the state-law allegations had not been found
frivolous (and indeed remained live), the court did not require
Vice to separate out the work his attorneys had done on the two
sets of claims. Docket No. 2:06–cv–135 (WD La., Sept. 22, 2008),
App. to Pet. for Cert. 28a. According to the court, such
“segregation” was unnecessary because the “various claims arose out
of the same transaction and were so interrelated that their
prosecution or defense entailed proof or denial of essentially the
same facts.”
Ibid. (internal quotation marks omitted).
Similarly, the court declined to reduce the fee award to reflect
the surviving state-law claims. “[T]hroughout the litigation,” the
court stated, both sides “focus[ed]” on Fox’s frivolous §1983
claims.
Id., at 32a–33a. The court therefore concluded
that Vice should receive all of the fees he reasonably incurred in
defending the suit—a total of $48,681.
Id., at 34a.
A divided Court of Appeals affirmed. 594
F. 3d 423 (CA5 2010). The majority first rejected Fox’s
contention that all claims in a suit must be frivolous for the
defendant to recover any fees. That rule, the court explained,
would “ ‘allow plaintiffs to prosecute frivolous claims
without consequenc[e]’ ” so long as they added a single
non-frivolous claim.
Id., at 428 (quoting
Tutor-Saliba
Corp. v.
Hailey, 452 F. 3d 1055, 1064 (CA9
2006)). The Court of Appeals then turned to the District Court’s
decision that Vice was entitled to fees for all time thus far spent
on the case, even though state-law claims remained unadjudicated.
Repeating the trial court’s view that the whole litigation had
focused on the frivolous federal claims, the Fifth Circuit upheld
the fee award. See 594 F. 3d, at 428.
Judge Southwick dissented. He agreed that Vice
was entitled to some reimbursement for fees.
Id., at 430.
But he thought the District Court had erred in declining to
“allocate the fees separately between the successful claims and the
unsuccessful” ones just because all of them were “interrelated.”
Ibid. “[W]hen some claims are dismissed as frivolous and
others are not,” he stated, the defendants should receive fees only
for “the legal work allocable solely or dominantly to the
dismissed” claims.
Id., at 431. Because in this case
“almost all of the defendant[s’] discovery and factual analysis
would have been necessary even if no federal claims had been
brought,” he concluded, the fee award should have been much
smaller.
Ibid.
The Fifth Circuit’s decision deepened a
Circuit split about whether and to what extent a court may award
fees to a defendant under §1988 when a plaintiff asserts both
frivolous and non-frivolous claims.[
Footnote 2] One Court of Appeals has forbidden any
compensation unless all of the plaintiff’s claims are frivolous.
See
Balmer v.
HCA, Inc., 423 F. 3d 606, 617
(CA6 2005). Others have rejected this approach, but struggled with
how to allocate fees in a suit that involves a mix of frivolous and
non-frivolous claims. Compare,
e.g., 594 F. 3d 423
(CA5 2010) (opinion below), with
Colombrito v.
Kelly, 764 F. 2d 122, 132 (CA2 1985) (declining to
award fees when the frivolous claim “added no additional testimony
or expense to the trial”). We granted certiorari to resolve these
questions. 562 U. S. ___ (2010).
II
Our legal system generally
requires each party to bear his own litigation expenses, including
attorney’s fees, re-gardless whether he wins or loses. Indeed, this
principle is so firmly entrenched that it is known as the “American
Rule.” See
Alyeska Pipeline Service Co. v.
Wilderness
Society,
421 U.
S. 240, 247 (1975). But Congress has authorized courts to
deviate from this background rule in certain types of cases by
shifting fees from one party to another. See
Burlington v.
Dague,
505
U. S. 557, 562 (1992) (listing federal fee-shifting
provisions).
The statute involved here, 42 U.
S. C. §1988, allows the award of “a reasonable attorney’s fee”
to “the prevailing party” in various kinds of civil rights cases,
including suits brought under §1983. Most of our decisions
addressing this provision have concerned the grant of fees to
prevailing plaintiffs. When a plaintiff succeeds in remedying a
civil rights violation, we have stated, he serves “as
a ‘private attorney general,’ vindicating a policy that
Congress considered of the highest priority.”
Newman v.
Piggie Park Enterprises, Inc.,
390 U. S. 400, 402
(1968)
(per curiam). He therefore “should ordinarily
recover an attorney’s fee” from the defendant—the party whose
misconduct created the need for legal action.
Christiansburg
Garment Co. v.
EEOC,
434 U. S. 412, 416 (1978) (internal
quotation marks omitted). Fee shifting in such a case at once
reimburses a plaintiff for “what it cos[t] [him] to vindicate
[civil] rights,”
Riverside v.
Rivera,
477 U. S. 561, 577–578
(1986) (internal quotation marks omitted), and holds to account “a
violator of federal law,”
Christiansburg, 434 U. S., at
418.
In
Christiansburg, we held that §1988
also authorizes a fee award to a prevailing defendant, but under a
different standard reflecting the “quite different equitable
considerations” at stake.
Id., at 419. In enacting §1988,
we stated, Congress sought “to protect defendants from burdensome
litigation having no legal or factual basis.”
Id., at 420.
Accordingly, §1988 authorizes a district court to award attorney’s
fees to a defendant “upon a finding that the plaintiff’s action was
frivolous, unreasonable, or without foundation.”
Id., at
421; see also
Kentucky v.
Graham,
473 U. S. 159, 165,
n. 9 (1985).
These standards would be easy to apply if life
were like the movies, but that is usually not the case. In
Hollywood, litigation most often concludes with a dramatic verdict
that leaves one party fully triumphant and the other utterly
prostrate. The court in such a case would know exactly how to award
fees (even if that anti-climactic scene is generally left on the
cutting-room floor). But in the real world, litigation is more
complex, involving multiple claims for relief that implicate a mix
of legal theories and have different merits. Some claims succeed;
others fail. Some charges are frivolous; others (even if not
ultimately successful) have a reasonable basis. In short,
litigation is messy, and courts must deal with this untidiness in
awarding fees.
Given this reality, we have made clear that
plaintiffs may receive fees under §1988 even if they are not
victorious on every claim. A civil rights plaintiff who obtains
meaningful relief has corrected a violation of federal law and, in
so doing, has vindicated Congress’s statutory pur-poses. That
“result is what matters,” we explained in
Hensley v.
Eckerhart,
461 U. S. 424, 435 (1983): A court
should compensate the plaintiff for the time his attorney
reasonably spent in achieving the favorable outcome, even if “the
plaintiff failed to prevail on every contention.”
Ibid.
The fee award, of course, should not reimburse the plaintiff for
work performed on claims that bore no relation to the grant of
relief: Such work “cannot be deemed to have been expended in
pursuit of the ultimate result achieved.”
Ibid. (internal
quotation marks omitted)
. But the presence of these
unsuccessful claims does not immunize a defendant against paying
for the attorney’s fees that the plaintiff reasonably incurred in
remedying a breach of his civil rights.
Analogous principles indicate that a defendant
may deserve fees even if not all the plaintiff’s claims were
frivolous. In this context, §1988 serves to relieve a defendant of
expenses attributable to frivolous charges. The plaintiff acted
wrongly in leveling such allegations, and the court may shift to
him the reasonable costs that those claims imposed on his
adversary. See
Christiansburg, 434 U. S., at 420–421. That
remains true when the plaintiff’s suit also includes non-frivolous
claims. The defendant, of course, is not entitled to any fees
arising from these non-frivolous charges. See
ibid. But
the presence of reasonable allegations in a suit does not immunize
the plaintiff against paying for the fees that his frivolous claims
imposed.
Indeed, we have previously said exactly this
much. In
Hensley, we noted the possibility that a
plaintiff might prevail on one contention in a suit while also
asserting an unrelated frivolous claim. In this situation, we
explained, a court could properly award fees to both parties—to the
plaintiff, to reflect the fees he incurred in bringing the
meritorious claim; and to the defendant, to compensate for the fees
he paid in defending against the frivolous one. See 461 U. S., at
435, n. 10. We thus made clear that a court may reimburse a
defendant for costs under §1988 even if a plaintiff’s suit is not
wholly frivolous. Fee-shifting to recompense a defendant (as to
recompense a plaintiff) is not all-or-nothing: A defendant need not
show that every claim in a complaint is frivolous to qualify for
fees.
The question then becomes one of allocation:
In a lawsuit involving a mix of frivolous and non-frivolous claims,
what work may the defendant receive fees for? Vice concedes, as he
must, that a defendant may not obtain compensation for work
unrelated to a frivolous claim. Brief for Respondents 42,
n. 13. Similarly, we think Fox would have to concede (once he
has lost the argument that the presence of any non-frivolous claim
precludes a fee award) that the defendant may receive reasonable
fees for work related exclusively to a frivolous claim. The
question in dispute concerns work that helps defend against
non-frivolous and frivolous claims alike—for example, a deposition
eliciting facts relevant to both allegations.
Vice proposes authorizing the trial court to
award fees for work that is “fairly attributable” to the frivolous
portion of the lawsuit. See,
e.g., Tr. of Oral Arg. 41,
45. But that standard is in truth no standard at all. The very
question under consideration is: What fees may be fairly attributed
to frivolous claims under §1988? To answer “Those that are fairly
attributable to frivolous claims” is just to restate this question.
And that non-response response would leave to each and every trial
court not only the implementation, but also the invention, of the
applicable legal standard. We do not think trial courts would
appreciate that lack of guidance. And yet more important, we do not
think such an empty and amorphous test would ensure that all fee
awards to defendants comport with Congress’s purpose in enacting
§1988.
That congressional policy points to a
different and more meaningful standard: Section 1988 allows a
defendant to recover reasonable attorney’s fees incurred because
of, but only because of, a frivolous claim. Or what is the same
thing stated as a but-for test: Section 1988 permits the defendant
to receive only the portion of his fees that he would not have paid
but for the frivolous claim. Recall that the relevant purpose of
§1988 is to relieve defendants of the burdens associated with
fending off frivolous litigation. See
supra, at 5–6. So if
a frivolous claim occasioned the attorney’s fees at issue, a court
may decide that the defendant should not have to pay them. But if
the defendant would have incurred those fees anyway, to defend
against
non-frivolous claims, then a court has no basis
for transferring the expense to the plaintiff. Suppose, for
example, that a defendant’s attorney conducts a deposition on
matters relevant to both a frivolous and a non-frivolous claim—and
more, that the lawyer would have taken and committed the same time
to this deposition even if the case had involved only the
non-frivolous allegation. In that circumstance, the work does not
implicate Congress’s reason for allowing defendants to collect
fees. The defendant would have incurred the expense in any event;
he has suffered no incremental
harm from the frivolous
claim. In short, the defendant has never shouldered the burden that
Congress, in enacting §1988, wanted to relieve. The basic American
Rule thus continues to operate.[Footnote 3]
A standard allowing more expansive
fee-shifting would furnish windfalls to some defendants, making
them better off because they were subject to a suit including
frivolous claims. For under any more permissive test, the simple
presence of a frivolous claim would allow the court to shift to the
plaintiff some of the costs of defending against regular,
non-frivolous charges. So two defendants (call them Vice and Rice)
could face identical non-frivolous allegations, but because Vice
also confronted a frivolous claim, he might end by paying less than
Rice to his attorneys. The chance assertion—for Vice, the downright
lucky assertion—of the frivolous claim could relieve him not only
of the incremental costs of that claim but also of costs that he,
like Rice, would have had to pay in its absence. Section 1988
provides no warrant for that peculiar result; that statute was
“never intended to produce windfalls” for parties. See
Farrar v. Hobby, 506 U. S. 103, 115
(1992) (internal quotation marks omitted).
At the same time, the “but-for”
standard we require may in some cases allow compensation to a
defendant for attorney work relating to both frivolous and
non-frivolous claims. Suppose, for example, that a plaintiff
asserts one frivolous and one non-frivolous claim, but that only
the frivolous allegation can legally result in a damages award. If
an attorney performs work useful to defending against both, but did
so only because of the defendant’s monetary exposure on the
frivolous charge, a court may decide to shift fees. Or similarly,
imagine that the frivolous claim enables removal of the case to
federal court, which in turn drives up litigation expenses. Here
too, our standard would permit awarding fees for work relevant to
both claims in order to reflect the increased costs (if any) of the
federal forum. And frivolous claims may increase the cost of
defending a suit in ways that are not reflected in the number of
hours billed. If a defendant could prove, for example, that a
frivolous claim involved a specialized area that reasonably caused
him to hire more expensive counsel for the entire case, then the
court may reimburse the defendant for the increased marginal cost.
As all these examples show, the dispositive question is not whether
attorney costs at all relate to a non-frivolous claim, but whether
the costs would have been incurred in the absence of the frivolous
allegation. The answers to those inquiries will usually track each
other, but when they diverge, it is the second that
matters.
We emphasize, as we have before,
that the determination of fees “should not result in a second major
litigation.” Hensley, 461 U. S., at 437. The fee applicant
(whether a plaintiff or a defendant) must, of course, submit
appropriate documentation to meet “the burden of establishing
entitlement to an award.” Ibid. But trial courts need not,
and indeed should not, become green-eyeshade accountants. The
essential goal in shifting fees (to either party) is to do rough
justice, not to achieve auditing perfection. So trial courts may
take into account their overall sense of a suit, and may use
estimates in calculating and allocating an attorney’s time. And
appellate courts must give substantial deference to these
determinations, in light of “the district court’s superior
understanding of the litigation.” Ibid.; see Webb
v. Dyer County Bd. of Ed., 471 U. S. 234, 244
(1985). We can hardly think of a sphere of judicial decisionmaking
in which appellate micromanagement has less to recommend
it.
But the trial court must apply the
correct standard, and the appeals court must make sure that has
occurred. See Perdue v. Kenny A., 559 U. S. ___,
___ (2010) (slip op., at 14) (“Determining a ‘reasonable attorney’s
fee’ is a matter that is committed to the sound discretion of a
trial judge, … but the judge’s discretion is not unlimited”); Cf.
Koon v. United States, 518 U. S. 81, 100 (1996)
(“A district court by definition abuses its discretion when it
makes an error of law”). That means the trial court must determine
whether the fees requested would not have accrued but for the
frivolous claim. And the appeals court must determine whether the
trial court asked and answered that question, rather than some
other. A trial court has wide discretion when, but only when, it
calls the game by the right rules.
III
The task remains of
applying these principles to the fee award Vice received. The
District Court’s analysis suggests that Vice’s attorneys would have
done much the same work even if Fox had not brought his frivolous
claims. As noted earlier, see supra, at 3, the court
acknowledged that Fox’s federal and state-law claims were
“interrelated,” App. to Pet. for Cert. 28a (internal quotation
marks omitted). The charges “arose out of the same
transaction”—Vice’s conduct in the campaign—and their “defense
entailed proof or denial of essentially the same facts.”
Ibid. (internal quotation marks omitted). It therefore
seems likely that Vice’s attorneys would at least have conducted
similar fact-gathering activities—taken many of the same
depositions, produced and reviewed many of the same documents, and
so forth. Indeed, the District Court highlighted the usefulness of
the attorneys’ work to defending against the state-law claims: In
its order remanding those claims, the court noted that the “trial
preparation, legal research, and discovery” done in the federal
court could “be used by the parties in the state court
proceedings.” Id., at 40a.
The District Court’s
decision to award full attorney’s fees to Vice failed to take
proper account of this overlap between the frivolous and
non-frivolous claims. Rather than apply the but-for standard we
have set out, the court indicated that the paramount factor was the
parties’ “focus” in the litigation. Id., at 33a. The court
did not address whether the “interrelated[ness]” of the claims
meant that Vice would have incurred part or most of his fees even
if Fox had asserted only the non-frivolous state-law claims. To the
contrary, the court suggested that the close relationship between
the federal and state-law claims supported Vice’s request to
recover all of his attorney’s fees. See id., at
28a; supra, at 3. That reasoning stands the appropriate
analysis on its head. It cannot be squared with the congressional
policy of sparing defendants from the costs of frivolous
litigation.
Nor did the Court of Appeals
uphold the award of fees on the ground that we would require. The
majority articulated a standard that, taken alone, might be read as
consistent with our opinion; according to the court, a defendant
should receive fees for “work which can be distinctly traced to a
plaintiff’s frivolous claims.” 594 F. 3d, at 429. But
the court seemed to think that its test permitted awarding Vice
fees for any work useful to defending against a frivolous claim,
even if lawyers would have done that work regardless. Indeed, this
very point divided the majority and the dissent. Judge Southwick
objected to the fee award on the ground that “almost all [of] the
defendant[s’] discovery and factual analysis would have been
necessary even if no federal claims had been brought.”
Id., at 431. But the majority never responded to that
argument or otherwise engaged this crucial question. The majority
instead merely reiterated the District Court’s reasoning that the
parties had principally “focus[ed]” on the §1983 allegations. That
finding, as we have explained, is irrelevant if Vice’s attorneys
would have performed the same work to defend against the state-law
claims.
On this record, we must return the
case to the lower courts. See, e.g., Perdue, 559 U. S., at
___–___ (slip op., at 12–15); Pennsylvania v. Delaware
Valley Citizens’ Council for Clean Air, 478 U. S. 546, 566–568
(1986); Hensley, 461 U. S., at 438–440. In a suit of this
kind, involving both frivolous and non-frivolous claims, a
defendant may recover the reasonable attorney’s fees he expended
solely because of the frivolous allegations. And that is all.
Consistent with the policy underlying §1988, the defendant may not
receive compensation for any fees that he would have paid in the
absence of the frivolous claims. We therefore vacate the judgment
of the Court of Appeals and remand the case for further proceedings
consistent with this opinion.
It is so ordered.
Footnote 1
Vice died during the course of
this litigation. Pursuant to this Court’s Rule 35.1, we substituted
the executor of his estate as respondent. 562 U. S. ___ (2011). But
for the sake of clarity, we refer to the respondent as
Vice.
Footnote 2
The parties do not dispute for
purposes of argument here that this case involves both kinds of
claims. The District Court deemed the federal claims frivolous, and
Fox has not asked us to disturb that ruling. See Brief for
Petitioner 26, and n. 2. The court remanded the state-law
claims to state court, and Vice has assumed in this Court that they
are not frivolous. See Brief for Respondents 8,
n. 5.
Footnote 3
The test set out here differs
from the one we adopted in Hensley v. Eckerhart,
461 U. S. 424, 435 (1983), to govern
fee awards to plaintiffs in cases involving both successful and
unsuccessful claims. See supra, at 6–7. That difference
reflects the disparate legislative purposes we have recognized in
the two settings. See Christiansburg Garment Co. v.
EEOC, 434 U. S. 412, 419–420 (1978);
supra, at 5–6. Congress authorized fees to plaintiffs to
compensate them for the costs of redressing civil rights
violations; accordingly, a plaintiff may receive fees for all work
relating to the accomplishment of that result, even if “the
plaintiff failed to prevail on every contention raised.”
Hensley, 461 U. S., at 435. By contrast, Congress
authorized fees to defendants to remove the burden associated with
fending off frivolous claims; accordingly, a defendant may recover
for fees that those claims caused him to incur. In each context,
the standard for allocating fees in “mixed” cases matches the
relevant congressional purpose.
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