Felders v. Bairett

EBEL, Circuit Judge.

This is a 42 U.S.C. § 1983 case; the single issue presented involves the costs to be awarded Plaintiffs after they prevailed at trial against Defendant Brian Bairett. Ordinarily prevailing parties can recover litigation costs from their opponent. See Fed. R. Civ. P. 54(d)(1). But Fed. R. Civ. P. 68 allows "a party defending against a claim" to limit his liability for the other side's costs by making a timely pretrial "offer to allow judgment" against him "on specified terms."1 If the offeree rejects that offer of judgment and ultimately obtains a judgment against the…