Head v. Medford, 62 F.3d 351 (11th Cir. 1995). · Go Syfert
Head v. Medford, 62 F.3d 351 (11th Cir. 1995). Cases Citing This Book View Copy Cite
255 citation events (218 in the last 25 years) across 28 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Superseded Lawyer J. Henderson v. Kevin Franklin
11th Cir. · 2019 · confidence high
This Court has explained that “[u]sually the litigant in whose favor judgment is rendered is the prevailing party for purposes of [R]ule 54(d).” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (quoting United States v. Mitchell, 580 F.2d 789, 793 (5th Cir. 1978), superseded by statute on other grounds, Fair Housing Amendments Act of 1988, Pub.
discussed Cited as authority (verbatim quote) Hava v. City of Hollywood (2×) also: Cited as authority (rule)
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
merely because plaintiff did not ultimately prevail on its federal claims does not determine that the claims were groundless.
discussed Cited as authority (verbatim quote) 68V BTR Holdings, LLC v. City of Fairhope
S.D. Ala. · 2024 · signal: accord · quote attribution · 1 verbatim quote · confidence high
if there are special circumstances that justify an award of no costs ... the district court must make these circumstances clear in its order.
examined Cited as authority (verbatim quote) Tsavaris v. Savannah Law School, LLC
S.D. Ga. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the district court declined to exercise its supplemental jurisdiction under 28 u.s.c. 1367 and dismissed all of plaintiff's remaining state law claims, does not impair the fact that, as far as the federal case was concerned, defendants prevailed.
examined Cited as authority (verbatim quote) BRYANT v. HARRIS COUNTY GEORGIA
M.D. Ga. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the district court declined to exercise its supplemental jurisdiction under 28 u.s.c. 1367 and dismissed all of plaintiff's remaining state law claims, does not impair the fact that, as far as the federal case was concerned, defendants prevailed.
discussed Cited as authority (verbatim quote) Republic Tobacco v. North Atlantic Tradi
7th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
usually the litigant in whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).
examined Cited as authority (verbatim quote) Perry v. Orange County (4×) also: Cited as authority (rule), Cited "see"
M.D. Fla. · 2004 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
merely because plaintiff did not ultimately prevail on her federal claims does not determine that her claims were groundless
examined Cited as authority (verbatim quote) Boler v. Space Gateway Support Co. LLC (3×) also: Cited "see"
M.D. Fla. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
merely because plaintiff did not ultimately prevail on her federal claims does not determine that her claims were groundless
examined Cited as authority (verbatim quote) Ruszala v. Walt Disney World Co. (4×) also: Cited "see"
M.D. Fla. · 2000 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
merely because plaintiff did not ultimately prevail on her federal claims does not determine that her claims were groundless
discussed Cited as authority (quoted) Guerrero v. BP Exploration & Production, Inc.
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
usually the litigant in whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).
discussed Cited as authority (quoted) Porras v. United States
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
usually the litigant in whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).
discussed Cited as authority (quoted) Maletta v. Woodle
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
cases from this and other circuits consistently support shifting costs if the prevailing party obtains judgment on even a fraction of the claims advanced.
cited Cited as authority (rule) Kanayo Derhem, et al. v. Bay House Miami Condominium Association, et al.
S.D. Fla. · 2026 · confidence medium
P] 54(d)(1).” Henderson v. Franklin, 782 F. App'x 866 , 874 (11th Cir. 2019) (internal quotations omitted) (quoting Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995)); see also Kubiak v. S.W.
cited Cited as authority (rule) Yanhong Chen and Xin Qiang v. Wow Restaurant TH, LLC and Trinh Huynh
M.D. Fla. · 2026 · confidence medium
Although this Court “has discretion to deny a prevailing party costs, such discretion is not unfettered.” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995).
discussed Cited as authority (rule) Wanda Jean-Baptiste v. City of Miami (2×) also: Cited "see"
S.D. Fla. · 2026 · confidence medium
Defendant is the Prevailing Party The Court finds that the City of Miami is the prevailing party in this action. “[T]he litigant in whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (quotation omitted).
cited Cited as authority (rule) Hybrid Pharma LLC v. Matthew Knispel
11th Cir. · 2025 · confidence medium
Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995).
cited Cited as authority (rule) Eddy Montalvo v. VyStar Credit Union
M.D. Fla. · 2025 · confidence medium
The frivolousness determination requires a case-by-case analysis. , 62 F.3d 351, 355 (11th Cir. 1995) (citation omitted).
cited Cited as authority (rule) Ka'Toria Gray v. David Birchfield
11th Cir. · 2025 · confidence medium
Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (per curiam).
discussed Cited as authority (rule) Ochello v. State Farm Fire & Casualty Co.
S.D. Ala. · 2025 · confidence medium
P] 54(d)(1).” Henderson v. Franklin, 782 F. App’x 866 , 874 (11th Cir. 2019) (internal quotations and modifications omitted) (quoting Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995)).1 The costs that a prevailing litigant is entitled to under Fed.
discussed Cited as authority (rule) Government Employees Insurance Co. v. Travis Utter
M.D. Fla. · 2025 · confidence medium
A prevailing party, however, “need not prevail on all issues to justify a full award of costs ... [a] party who has obtained some relief usually will be regarded as the prevailing party even though he has not sustained all his claims.” Lipscher v. LRP Publications, Inc., 266 F.3d 1305, 1321 (11th Cir. 2001) (citing Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995)).
cited Cited as authority (rule) MacuHealth, LP v. Vision Elements, Inc.
M.D. Fla. · 2025 · confidence medium
To be a prevailing party under Rule 54(d), “[a] party need not prevail on all issues to justify a full award of costs.” Head v. Medford, 62 F.3d 351, 354 (llth Cir. 1995) (citation omitted).
discussed Cited as authority (rule) Lanier v. CITY OF MIAMI
S.D. Fla. · 2024 · confidence medium
Defendant is the prevailing party. “[T]he litigant is whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (internal quotations omitted).
discussed Cited as authority (rule) Martin-Viana v. Royal Caribbean Cruises, Ltd.
S.D. Fla. · 2024 · confidence medium
Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (quoting United States v. Mitchell, 580 F.2d 789 , 793–94 (5th Cir. 1978)); see also Three–Seventy Leasing Corp. v. Ampex Corp., 528 F.2d 993, 998-99 (5th Cir.1976) (reversing a district court’s award of costs to the defendant where the plaintiff won its breach of contract claim and was entitled to an award of nominal damages).
discussed Cited as authority (rule) James McDonough v. City of Homestead, Florida (2×)
11th Cir. · 2024 · confidence medium
See 42 U.S.C. § 1988 ; Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995).
cited Cited as authority (rule) Southeast Development Partners, LLC v. St. Johns County, Florida
M.D. Fla. · 2024 · confidence medium
Servs., 452 F.3d 1254, 1257 (11th Cir. 2006); Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995); Doria v. Class Action Servs., LLC, 261 F.R.D. 678, 685 (S.D.
discussed Cited as authority (rule) Alonso Cano v. 245 C&C, LLC (2×) also: Cited "see"
S.D. Fla. · 2024 · confidence medium
Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995).
cited Cited as authority (rule) Horowitz v. Allied Marine, Inc
S.D. Fla. · 2024 · confidence medium
Fla. Aug. 4, 2017) (Middlebrooks, J.) (citing Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995)). a.
cited Cited as authority (rule) Wahl Hungaria KFT. v. 4G Electronics Group Inc.
S.D. Fla. · 2024 · confidence medium
Ware v. Pine State Mortgage Corp., 754 F. App’x 831 , 832 (11th Cir. 2018) (citing Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995)).
cited Cited as authority (rule) Walker v. Life Insurance Company of North America
N.D. Ala. · 2024 · confidence medium
Co. v. Tropical Shipping & Const. Co., 254 F.3d 987, 1012 (11th Cir. 2001) (alterations in original) (quoting Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995)).
discussed Cited as authority (rule) Damian v. Neer (2×)
M.D. Fla. · 2023 · confidence medium
Co. v. Tropical Shipping & Const. Co., 254 F.3d 987 (11th Cir. 2001) (quoting Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995)).
cited Cited as authority (rule) Chabad Chayil, Inc. v. The School Board of Miami-Dade County Florida
S.D. Fla. · 2022 · confidence medium
“Ordinarily,” under 42 U.S.C. § 1988 , “a prevailing plaintiff is to be awarded attorney’s fees in all but special circumstances.” Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995) (cleaned up).
discussed Cited as authority (rule) Rosolen v. Home Performance Alliance, Inc. (2×)
M.D. Fla. · 2021 · confidence medium
(Doc. 142 at 3–5.) Thus, in the Rosolens’ view, the Magistrate Judge incorrectly applied the Eleventh Circuit’s ruling in Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995) (finding that a defendant was the prevailing party when the district court entered summary judgment on plaintiff’s federal claim and declined to exercise supplemental jurisdiction over the remaining state-law claims).
cited Cited as authority (rule) Easterwood v. Carnival Corporation
S.D. Fla. · 2021 · confidence medium
Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995).
discussed Cited as authority (rule) Osborn v. Horry County Police Department
D.S.C. · 2021 · confidence medium
Of Health & Human Res. 532 U.S. 598, 603 (“[A] ‘prevailing party’ is one who has been awarded some relief by the court.”); Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995) (finding defendants were the prevailing parties and were entitled to their costs under Fed.
cited Cited as authority (rule) Caiazza v. Carmine Marceno
M.D. Fla. · 2021 · confidence medium
“A party who has obtained some relief usually will be regarded as the prevailing party even though he has not sustained all of his claims.” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995).
cited Cited as authority (rule) Alvarez v. School Board of Miami-Dade County
S.D. Fla. · 2021 · confidence medium
Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995) (citing Sullivan v. Sch.
discussed Cited as authority (rule) A.B. v. County of San Diego
S.D. Cal. · 2021 · confidence medium
Cal. Nov. 23, 2010) (noting that 14 “in cases in which courts have granted judgment in favor of defendants on federal claims 15 and declined to exercise jurisdiction over remaining state claims, courts have determined 16 that defendants were the prevailing parties for purposes of Rule 54(d).”) (citing Ogborn 17 v. United Food and Commercial Workers Union, 305 F.3d 763, 770 (7th Cir. 2002); 18 Head v. Medford, 62 F.3d 351, 353 (11th Cir. 1995)). 19 Plaintiffs next argue that the Clerk erred in taxing the cost of deposition transcripts 20 obtained by Defendants of ten (10) witnesses deposed …
discussed Cited as authority (rule) Juan Carlos Salvador v. Brico, LLC (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
“An abuse of discretion occurs if the judge fails to apply the proper legal standard or to follow proper procedures in making the determination, or bases an award [or a denial] upon findings of fact that are clearly erroneous.” United States v. Shaygan, 652 F.3d 1297, 1310 (11th Cir. 2011) “[W]here the trial court denies the prevailing party its costs, the court must give a reason for its denial of costs so that the appellate court may have some basis upon which to determine if the trial court acted within its discretionary power.” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (qu…
cited Cited as authority (rule) Cross Marine Projects v. Morton Salt
D. Utah · 2019 · confidence medium
Barber, 254 F.3d at 1234 (quoting Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995)).
discussed Cited as authority (rule) Thompson v. Kanabec County
D. Minnesota · 2019 · confidence medium
App’x 934, 945 (10th Cir. 2018) (finding that a district court does not abuse its discretion by awarding Rule 54(d)(1) costs when entering judgment in favor of a defendant on some claims and declining to exercise supplemental jurisdiction over remaining state law claims against that defendant); Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995) (per curium) (concluding that defendants who were granted summary judgment on federal claims were prevailing parties entitled to Rule 54(d)(1) costs despite “[t]hat the district court declined to exercise its supplemental jurisdiction under 28 U.S.C…
discussed Cited as authority (rule) Tony L. Ware v. Pine State Mortgage Corp.
11th Cir. · 2018 · confidence medium
A “prevailing party” under Rule 54(d) is “[u]sually the litigant in whose favor judgment is rendered . . . .” Head v. Medford, 62 F.3d 351, 354 (11th Cir. 1995) (quoting Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Torres v. Rock & River Food Inc.
S.D. Fla. · 2017 · confidence medium
Generally, “the litigant in whose favor judgment is rendered is the prevailing party for purposes of [Rjule 54(d).” Head v. Medford. 62 F.3d 351, 354 (11th Cir. 1995).
cited Cited as authority (rule) Dr. Dwain A. Hamilton, M.D. v. Sheridan Healthcorp, Inc.
11th Cir. · 2017 · confidence medium
Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995).
discussed Cited as authority (rule) Southern Atlantic Companies, LLC v. School Board of Orange County, Florida (2×)
11th Cir. · 2017 · confidence medium
That is purposely a “stringent standard,” Head v. Medford, 62 F.3d 351, 355 (11th Cir. 1995), because fees against civil rights litigants is a punishment we should seldom apply.
examined Cited as authority (rule) Kathy Emery v. American Airlines, Inc. (3×) also: Cited "see"
11th Cir. · 2016 · confidence medium
Head v. Medford, 62 F.3d 351, 364 (11th Cir.1995).
discussed Cited as authority (rule) Tempest Publishing, Inc. v. Hacienda Records & Recording Studio, Inc.
S.D. Tex. · 2015 · confidence medium
Williamson, Inc., 254 F.3d 1223, 1234 (10th Cir.2001) (the magistrate judge clearly erred in finding both the plaintiff and the defendant to be the prevailing parties under Rule 54(d)(1), even though the plaintiff won nominal damages on one claim and the defendant successfully defeated the plaintiffs two other claims); Head v. Medford, 62 F.3d 351, 354-55 (11th Cir.1995) (per curiam) (recognizing and adopting the Fifth Circuit’s rule in Mitchell); Lytle v. Comm’rs of Election of Union Cty., 541 F.2d 421 , 425 n. 6 (4th Cir.1976) (“The [defendants’] contention that to be the ‘prevaili…
cited Cited as authority (rule) Salgado v. City of West Miami
S.D. Fla. · 2015 · confidence medium
Head v. Medford, 62 F.3d 351, 354 (11th Cir.1995) (alterations in original) (quoting United States v. Mitchell, 580 F.2d 789 , 793-94 (5th.
discussed Cited as authority (rule) Valley v. Ocean Sky Limo
S.D. Fla. · 2015 · confidence medium
Morrison v. Reichhold Chemicals, Inc., 97 F.3d 460, 462 (11th Cir.1996). “[Although the district court has discretion to deny a prevailing party costs, such discretion is not unfettered.” Head v. Medford, 62 F.3d 351, 354 (11th Cir.1995). “[W]here the trial court denies the ... costs, the court must give a reason for its denial of costs so that the appellate court may have some basis upon which to determine if the trial court acted within its discretionary power.” Id. (citing Gilchrist v. Bolger, 733 F.2d 1551, 1557 (11th Cir.1984)).
discussed Cited as authority (rule) Alberto LaMadrid v. National Union Fire Insurance Company of Pittsburgh, PA
11th Cir. · 2014 · confidence medium
Co., Ltd., 254 F.3d 987, 1012 (11th Cir.2001) (“Usually the litigant in whose favor judgment is rendered is the prevailing party for purposes of [R]ule 54(d).... ” (quoting Head v. Medford, 62 F.3d 351, 354 (11th Cir.1995))).
discussed Cited as authority (rule) Reider v. R.J. Reynolds Tobacco Co.
M.D. Fla. · 2014 · confidence medium
A prevailing party has been defined by the Eleventh Circuit as “usually the litigant in whose favor judgment is rendered ... even though he has not sustained all his claims.” Head v. Medford, 62 F.3d 351, 354 (11th Cir.1995).
Retrieving the full opinion text from the archive…
Gail HEAD, Plaintiff-Counter-Defendant-Appellee,
v.
Larry MEDFORD, Individually and as Mayor of the City of Rutledge, Ga., Dewey H. Richardson, Individually and as City Manager for the City of Rutledge, Ga., Hazel Conner, Individually and as Member of the City Council for the City of Rutledge, Ga., Virginia Davis, Individually and as Member of the City Council for the City of Rutledge, Ga., Jimmy Thompson, Individually and as Member of the City Council for the City of Rutledge, Ga., Brad Overstreet, Defendants-Appellants, the City of Rutledge, Ga., Defendant-Cross-Defendant, Counter-Claimant, Cross-Claimant, Appellant, the Cincinnati Insurance Company, Intervenor-Defendant, Cross-Claimant, Counter-Defendant, Cross-Defendant
93-9403.
Court of Appeals for the Eleventh Circuit.
Aug 25, 1995.
62 F.3d 351
Robert L. Thompson, Elarbee, Thompson & Trapnell, R. Read Gignilliat, Atlanta, GA, for appellants., John T. Strauss, Strauss & Walker, Cov-ington, GA, for appellee.
Edmondson, Carnes, Moye.
Cited by 139 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #23,130 of 633,719
Citer courts: M.D. Florida (3)
PER CURIAM:

BACKGROUND

This litigation began as an action for damages in connection with the termination of plaintiffs employment, in the Superior Court of Morgan County, Georgia, against appellants, Larry Medford, Dewey H. Richardson, Hazel Conner, Virginia Davis, Jimmy Thompson, Brad Overstreet, and the City of Rutledge, Georgia (hereinafter “defendants”). Appellee, Gail Head (hereinafter “plaintiff’), filed a five-count complaint containing four state law claims and claims based on federal law. Plaintiffs federal claims charged that defendants had deprived her of a property interest in her employment with the City of Rutledge (the “City”) in violation of the state and federal constitutional rights to due process of law. [1]

Defendants removed this case to the United States District Court for the Middle District of Georgia on the basis of the federal question presented by the due process claim brought by plaintiff under the Fourteenth Amendment of the United States Constitution. Plaintiff thereafter moved to amend her complaint to delete any reference to a federal constitutional claim asserting that such language was surplusage and to remand the case to state court. Plaintiff conceded that she “cannot and has not stated a cognizable claim for relief in a Federal forum,” referring at that time to her 14th amendment due process claims. [App. Rec. 16 at 2.] The district court denied plaintiffs motion for remand, as well as her motion to amend the complaint, noting that since federal question jurisdiction existed at the time of removal amending the complaint would not divest the court of jurisdiction.

The Cincinnati Insurance Company (“Cincinnati”), the insurer which issued a position fidelity bond covering plaintiff for $25,000 and naming the City as the insured, sought to intervene in this matter. The district court granted the motion to intervene. Cincinnati filed a counterclaim against plaintiff and a cross-claim against the City. The City then filed a cross-claim against intervenor Cincinnati.

Following approximately one year of discovery, on all claims, state and federal, defendants sought summary judgment on all claims, including the federal constitutional claims, which plaintiff opposed. The district court granted defendants’ motion for summary judgment on plaintiffs federal constitutional claims only. [2] The district court declined to exercise supplemental jurisdiction over the remaining state law claims, and dismissed them without prejudice pursuant to 28 U.S.C. § 1367(c), a dismissal contested by defendants.

Defendants sought reconsideration of the district court’s dismissal of plaintiffs state law claims on the ground that the court retained jurisdiction, and equitable considerations warranted retention of jurisdiction. Defendants also filed a motion for attorneys fees and a bill of costs. Similarly, plaintiff filed a motion for attorneys’ fees, costs and expenses.

The district court denied defendants’ motion for reconsideration. This appeal followed.

[*354] This ease presents two issues only. First, did the district court err in denying without explanation the bill of costs sought by appellants pursuant to Rule 54(d) of the Federal Rules of Civil Procedure? Second, did the district court err in denying without explanation appellants’ motion for attorneys’ fees brought under 42 U.S.C. § 1988 or Rule 11 of the Federal Rules of Civil Procedure? There is no claim here that the district court abused its discretion in dismissing all state law claims. We conclude that the answer to both questions is “yes,” and thus, remand this case to the district court to award costs and attorneys’ fees in an appropriate amount or to explain its decision to award no costs or fees.

STANDARD OF REVIEW

We review the factual findings underlying a district court’s determination regarding prevailing party status for clear error. Church of Scientology Flag Serv., Org., Inc. v. City of Clearwater, 2 F.3d 1509, 1512-13 (11th Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 54, 130 L.Ed.2d 13 (1994). “Whether the facts as found suffice to render the plaintiff a ‘prevailing party’ is a legal question reviewed de novo.” Church of Scientology, 2 F.3d at 1513. Finally, a district court’s determination that a party has prevailed for purposes of awarding attorneys’ fees is reviewed for abuse of discretion. Id.

I. Bill of Costs

The district court’s order denying attorneys’ fees and costs in this case stated: “[a]f-ter careful consideration Plaintiffs and Defendant’s motions for attorney’s fees, costs and expenses are hereby DENIED.” [App. Rec. 151.] The district court made no finding whether defendants were prevailing parties for purposes of determining costs under Rule 54(d), Fed.R.Civ.P., or attorney’s fees under 42 U.S.C. § 1988. Neither did the district court explain its decision to deny attorney’s fees and costs to both parties.

Rule 54(d) of the Federal Rules of Civil Procedure provides that “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” Fed.R.Civ.P. 54(d). This Court has held that “where the trial court denies the prevailing party its costs, the court must give a reason for its denial of costs so that the appellate court may have some basis upon which to determine if the trial court acted within its discretionary power.” Gilchrist v. Bolger, 733 F.2d 1551, 1557 (11th Cir.1984) (citation omitted) (emphasis added). Thus, although the district court has discretion to deny a prevailing party costs, such discretion is not unfettered.

In the case sub judice, the district court did not determine whether defendants were prevailing parties and gave no reason for denying defendants’ bill of costs. This was an abuse of the court’s discretion. Gilchrist v. Bolger, 733 F.2d at 1557.

We have determined previously, in connection with 42 U.S.C. § 1988, that “we may decide, rather than remanding the issue to the district court, whether the ... [party] is now a prevailing party entitled to an ... award of attorneys’ fees and costs. See Jones v. Diamond, 636 F.2d 1364, 1381-83 (5th Cir. Jan. 29, 1981) (en banc).” Ensley Branch, NAACP v. Seibels, 31 F.3d 1548, 1582 (11th Cir.1994). We see no principled reason not to extend this rule to allow us to decide as a matter of law whether a party has prevailed in connection with assessing costs under Federal Rule of Civil Procedure Rule 54(d).

To be a prevailing party

[a] party need not prevail on all issues to justify a full award of costs, however. Usually the litigant in whose favor judgment is rendered is the prevailing party for purposes of rule 54(d).... A party who has obtained some relief usually will be regarded as the prevailing party even though he has not sustained all his claims.... 10 Wright & Miller, supra, § 2667, p. 129-130. Cases from this and other circuits consistently support shifting costs if the prevailing party obtains judgment on even a fraction of the claims advanced.

[*355] United States v. Mitchell, 580 F.2d 789, 793-94 (5th Cir.1978) (citations omitted). [3]

There is no question but that the district court rendered a judgment in defendants’ favor .by granting their motion for summary judgment on plaintiffs federal claims although practically that apparently constituted only a small part of plaintiffs claims. That the district court declined to exercise its: supplemental jurisdiction under 28 U.S.C. § 1367 and dismissed all of plaintiffs remaining state law claims, does not impair the fact that, as far as the federal case was concerned, defendants prevailed. Thus, defendants were the prevailing party in the district court for purposes of Rule 54(d) and are entitled' to their costs unless the district court has some special reason to deny the costs.

II. Attorneys’ Fees

The district court’s order denying plaintiffs and defendants’ motions for attorneys’ fees did not determine which party had prevailed for purposes of 42 U.S.C. § 1988, [4] or whether plaintiffs federal claims were frivolous. Again, we properly may determine which party has prevailed so as to be entitled to an award of attorneys’ fees pursuant to 42 U.S.C. § 1988. Ensley Branch, NAACP v. Seibels, 31 F.3d at 1582. See Jones v. Diamond, 636 F.2d at 1381-83.

Defendants assert that plaintiff admitted that her federal claim was frivolous, thus entitling them to attorneys’ fees under both 42 U.S.C. § 1988 and Rule 11, Fed.R.Civ.P. Plaintiff contends that the district court did not abuse its discretion by denying defendants ' attorneys’ fees.

Ordinarily, a prevailing plaintiff “is to be awarded attorney’s fees in all but special circumstances.” Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 417, 98 S.Ct. 694, 698, 54 L.Ed.2d 648, 654 (1978) (Title VII). By contrast, a more stringent standard applies to prevailing defendants who may be awarded attorney’s fees only when a court finds that the plaintiffs claim was “frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Christiansburg Garment Co., 434 U.S. at 421, 98 S.Ct. at 700, 54 L.Ed.2d at 657. This standard applies equally to awards of attorneys’ fees sought under 42 U.S.C. § 1988 by prevailing civil rights defendants. Hughes v. Rowe, 449 U.S. 5, 14, 101 S.Ct. 173, 178, 66 L.Ed.2d 163, 172 (1980).

But, the Supreme Court has cautioned that

[i]n applying these criteria, it 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. This kind of hindsight logic could discourage all but the most airtight claims .-.. Even when the law or the facts appear questionable or unfavorable at the outset, a party may have an entirely reasonable ground for bringing suit.

Christiansburg, 434 U.S. at 421-22, 98 S.Ct. at 700, 54 L.Ed.2d at 657.

In Sullivan v. School Bd., 773 F.2d 1182, 1188-90 (11th Cir.1985), this Court stated that frivolity determinations are not subject to immutable rules but rather must be made on a case-by-case basis. In reviewing the cases, the Court explained that findings of frivolity have been sustained when either a motion for summary judgment or a motion for involuntary dismissal, Fed. R.Civ.P. 41(b), has been granted in instances where plaintiffs did not introduce any evidence to support their claim. Sullivan, 773 F.2d at 1189 (citations omitted) (emphasis added). See EEOC v. Reichhold Chems., Inc., 988 F.2d 1564, 1568-69 (11th Cir.1993). Where plaintiffs introduced evidence suffi[*356] cient to support their claim, findings of frivolity generally do not stand. Sullivan, 773 F.2d at 1189. In addition, courts consider several other factors in determining whether a claim is frivolous: 1) did plaintiff establish a prima facie case; 2) whether defendant offered to settle; and 3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits. Id.

In the case sub judice, plaintiff did not survive summary judgment on her federal constitutional claims. The district court determined that plaintiff, in accordance with long and firmly settled Georgia state law, was an at-will employee and, thus, had no cognizable federal constitutional right to due process or a claim for a taking. Although the district court did not specifically determine that plaintiff failed to establish a prima facie case for her federal constitutional claims, this concept was the necessary import of the district court’s order.

There is no evidence of record to suggest that defendants offered to settle this case. On the contrary, shortly after removal of this case to federal court, plaintiff offered to amend the complaint to eliminate her federal claim and obtain a remand to state court. Plaintiff, however, never offered voluntarily to dismiss her federal claims with prejudice. There thus would have remained a possibility of refiling in the federal court as well as full litigation of the same issues as applied to the Georgia constitutional claims, a possibility not even obviated by the district court’s ruling. In obtaining summary judgment, defendants thus obtained more than the voluntary dismissal without prejudice offered by plaintiff.

Defendants successfully defeated plaintiffs federal constitutional claims on the merits. Merely because plaintiff did not ultimately prevail on her federal claims does not determine that her claims were groundless. But the assertion of a constitutional claim based knowingly on a nonexistent property interest was legally groundless. Accordingly, we find that plaintiffs federal due process claims were legally frivolous as a matter of law, Sullivan, 773 F.2d at 1189, and defendants are entitled to attorneys’ fees in accordance with 42 U.S.C. § 1988, unless the district court points out special circumstances that justify making no award of fees.

Although appellants contend that they are also entitled to attorneys’ fees under Rule 11 of the Federal Rules of Civil Procedure, we do not find it necessary to reach that issue.

Thus, we remand this case to the district court for a determination of the attorneys’ fees to which defendants are entitled, confident that court will be able properly to weigh and assess the amount of attorneys’ fees realistically attributable solely and exclusively to the plaintiffs federal due process claims and not to the defendants’ attempt to litigate state law claims in federal court. If there are special circumstances that justify an award of no costs or no fees the district court must make these circumstances clear in its order.

The district court’s order denying attorneys’ fees and costs is therefore REVERSED. This case is REMANDED to the district court for further proceedings in accordance with this opinion. [5]

REVERSED and REMANDED.

1

. "[N]or shall any State deprive any person of life, liberty, or property, without due process of law....” U.S. Const.Amend. XIV, § 1.

2

. The district court determined that plaintiff alleged three federal constitutional violations: 1) violation of due process for failing to follow established municipal procedures for firing employees, 2) violation of due process by the taking of her property right in employment, and 3) violation of the takings clause of the Fifth Amendment [incorporated in the XIV Amendment] by unlawfully discharging plaintiff. [App. Rec. 128 at 2-3.]

3

. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), the Eleventh Circuit Court of Appeals adopted as precedent the decisions of the former Fifth Circuit issued before October 1, 1981.

4

. 42 U.S.C. § 1988 provides:

In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, 1986 of this title, title IX of Public Law 92-318, the Religious Freedom Restoration Act, of 1993, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

(Emphasis added).

5

. The award of fees and costs involves judicial discretion. Thus, a remand is appropriate. See Macklin v. Singletary, 24 F.3d 1307, 1311-12 (11th Cir.1994).