Cynthia Brisco-Wade v. Mel Carnahan, 297 F.3d 781 (8th Cir. 2002). · Go Syfert
Cynthia Brisco-Wade v. Mel Carnahan, 297 F.3d 781 (8th Cir. 2002). Cases Citing This Book View Copy Cite
63 citation events (63 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Cited for
At page 782 Limitation of federal court's power to shift litigation costs16 citing cases“under 28 u.s.c. 1920 , the judge or court clerk 'may tax as costs' fees of the clerk and marshal, fees of the court reporter, fees and disbursements for printing and witnesses, fees for copies of necessary papers, docket fees, and compensation of court-appointed experts and interpreters.”4 citing courts quote it
  • Cahuilla Band of Indians v. State of CA, No. 2:20-cv-01630 (E.D. Cal. Dec. 3, 2024). 2 cites
    See Alflex Corp. v. Underwriters Lab’ys, Inc., 914 F.2d 175, 176-77 (9th Cir. 4 1990) (holding the cost of deposition copies is encompassed by 28 U.S.C. § 1920 (2)’s allowance 5 (at the time) for “[f]ees of the court reporter for all or an…
  • Equal Emp. Opportunity Comm'n v. Drivers Mgmt., LLC, No. 8:18-cv-00462 (D. Neb. May 23, 2024).
    E.g., Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir. 2002).
  • Weisman v. Barnes Jewish Hosp., No. 4:19-cv-00075 (E.D. Mo. Mar. 25, 2024).
    But “[f]ederal courts are bound by the limitations set out in section 1920.” 168th & Dodge, LP v. Rave Reviews Cinemas, L.L.C., 501 F.3d 945, 957 (8th Cir. 2007) (quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir. 2002)).
  • LAWC Holdings v. Vincent Watford, 2024 ND 16, 2 N.W.3d 672.published
    Other courts have determined that mediation fees are not recoverable because they are not specifically authorized by statute, see, e.g., Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir. 2002); J.C.
  • A v. Park Hill Sch. Dist., No. 5:21-cv-06153 (W.D. Mo. Feb. 21, 2023). 2 cites
    “Under 28 U.S.C. § 1920 , the judge or court clerk ‘may tax as costs’ fees of the clerk and marshal, fees of the court reporter, fees and disbursements for printing and witnesses, fees for copies of necessary papers, doc…”
  • Major Brands, Inc. v. Mast-Jagermeister US, Inc., No. 4:18-cv-00423 (E.D. Mo. Sept. 30, 2022).
    The Court may not award costs other than those authorized by § 1920, because this section “imposes rigid controls on cost-shifting in federal courts.” Cowden, 2014 WL 107844, at *1 (quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th C…
  • Bohner v. Union Pac. R.R. Co., No. 4:19-cv-02581, 2022 WL 970872 (E.D. Mo. Mar. 31, 2022).
    Mo. 2014) (quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir. 2002)) (cleaned up).
  • Ronnoco Coffee LLC v. Castgna, No. 4:21-cv-00071 (E.D. Mo. Mar. 14, 2022).
    The Court may not award costs other than those authorized by § 1920, because this section “imposes rigid controls on cost-shifting in federal courts.” Cowden, 2014 WL 107844, at *1 (quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th C…
  • Gerling v. Waite, No. 4:17-cv-02702 (E.D. Mo. Feb. 24, 2022).
    The Court may not award costs other than those authorized by § 1920, because this section “imposes rigid controls on cost-shifting in federal courts.” Cowden, 2014 WL 107844, at *1 (quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th C…
  • Noon v. City of Platte Woods, Missouri, No. 5:20-cv-06124 (W.D. Mo. Sept. 30, 2021). 2 cites
    “Under 28 U.S.C. § 1920 , the judge or court clerk ‘may tax as costs’ fees of the clerk and marshal, fees of the court reporter, fees and disbursements for printing and witnesses, fees for copies of necessary papers, doc…”
Show 6 more citing cases
  • Cowden v. BNSF Ry. Co., 991 F. Supp. 2d 1084 (E.D. Mo. 2014).published
    “imposes rigid controls on cost-shifting in federal courts[.]”
  • Gaddis v. United States, 381 F.3d 444 (5th Cir. 2004).published 2 cites
    (holding that § 1920 does not authorize taxing mediation fees as costs)
  • Jacobs v. Mercy Health, No. 4:22-cv-01204 (E.D. Mo. Apr. 15, 2024).
    (finding that district court abused its discretion in taxing mediator’s fees against defendants because it is not authorized under 28 U.S.C. § 1920)
  • Becker v. City of Hillsboro, Missouri, No. 4:22-cv-00886 (E.D. Mo. Jan. 17, 2024).
    (finding that district court abused its discretion in taxing mediator’s fees against defendants because it is not authorized under 28 U.S.C. § 1920)
  • GF Gaming Corp. v. Taylor, 205 P.3d 523 (Colo. Ct. App. 2009).published
    (section 1920 is exhaustive list of what costs may be assessed)
  • 168th & Dodge, LP v. Rave Reviews Cinemas, LLC, 501 F.3d 945 (8th Cir. 2007).published
q1 Rule 54(d) gives the district court discretion not to award costs to the prevailing party. .. .5 citing cases5 citing courts put it this way · 1 cautionary
  • Equal Emp. Opportunity Comm'n v. East 40, Inc., No. 1:18-cv-00260 (D.N.D. May 15, 2023). Cited "but see"
    (Rule 54(d) gives the district court discretion not to award costs to the prevailing party. . . .)
  • Kessler v. Minnesota Power, No. 1:22-cv-00029 (D.N.D. Oct. 7, 2025).
    (Rule 54(d) gives the district court discretion not to award costs to the prevailing party. . . .)
  • Christianson v. McLean Cnty., No. 1:21-cv-00073 (D.N.D. June 4, 2025).
    (Rule 54(d) gives the district court discretion not to award costs to the prevailing party. . . .)
  • Jacam Chem. Co. 2013, LLC v. Shepard, No. 1:19-cv-00093 (D.N.D. Feb. 14, 2023).
    (Rule 54(d) gives the district court discretion not to award costs to the prevailing party. .. .)
  • N. Bottling Co., Inc. v. PepsiCo, Inc., No. 4:15-cv-00133 (D.N.D. May 21, 2020).
    (Rule 54(d) gives the district court discretion not to award costs to the prevailing party. . . .)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Cynthia E. BRISCO-WADE, Plaintiff-Appellee,
v.
Mel D. CARNAHAN; Dora Schriro; Defendants-Appellants, Gene Overall; Defendant, Pat Roll; Theresa Adams; Defendants-Appellants, Jane Doe, # 3; W.D. Blackwell; Defendants, Leslie Dahl, Lieutenant; Janet Barton; Al Luebbers, Defendants-Appellants
01-3821.
Court of Appeals for the Eighth Circuit.
Jul 25, 2002.
Published opinion
297 F.3d 781
Kristen Garroway, Asst. Atty. Gen., St. Louis, MO, for appellant., Cynthia Brisco-Wade, pro se.
McMillian, Beam, Bye.
Cited by 1 opinion  |  Published
PER CURIAM.

Missouri state and prison officials, defendants below, appeal from the district court’s judgment ordering them to pay mediation costs. We reverse and remand.

Briefly, defendants moved for summary judgment on the grounds of qualified immunity after they were named in a 42 U.S.C. § 1983 action by a former prisoner. The district court stayed the motion and ordered the parties to attend mediation proceedings that were to be held on January 22, 2001. Eleven days before the scheduled mediation session, defendants asked the court to rule on their summary judgment motion. Two days after the scheduled session, the court denied defendants’ motion to rule and ordered that a new mediation schedule be established. Defendants appealed, and we stayed the order requiring mediation and remanded with directions to rule on the qualified-immunity issue. On remand, the district court granted defendants summary judgment, and nearly five months later, the court ordered defendants to pay the mediator’s fee (for time he had spent reviewing the file).

Under 28 U.S.C. § 1920, a judge or court clerk “may tax as costs” fees of the clerk and marshal, fees of the court reporter, fees and disbursements for printing and witnesses, fees for copies of necessary papers, docket fees, and compensation of court-appointed experts and interpreters. Section 1920 imposes “rigid controls on cost-shifting in federal courts,” and “absent explicit statutory or contractual authorization for the taxation of the expenses of a litigant’s witness as costs, federal courts are bound by the limitations set out in” section 1920. See Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 444-45, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). Under Federal Rule of Civil Procedure 54(d)(1), “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.”

We find that the district court abused its discretion in taxing the mediator’s fee against defendants. See Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 363 (8th Cir.1997) (standard of review). In the first place, the Eastern District of Missouri Local Rules do not permit prisoner civil rights cases to be referred for mediation. See E.D.Mo. Local R. 6.01(A). Second, section 1920 does not list mediation fees as taxable costs, and we have found no statutory authority (nor did the district court cite to any) permitting the taxation of mediation fees in section 1983 litigation. See Mota v. Univ. of Tex. Houston Health Sci. Ctr., 261 F.3d 512, 529-30 (5th Cir.2001) (in Title VII case, district court abused its discretion in taxing losing party with costs of mediation because neither § 1920 nor Title VII listed such expenses as taxable). Assuming the district court was following a local rule in taxing the mediator’s fee against defendants, we conclude that the court lacked authority to do so given section 1920’s exhaustive list of what costs may be assessed. Cf. Tiedel v. Northwestern Mich. Coll., 865 F.2d 88, 92-94 (6th Cir.1988) (district court is not empowered to enact local rule giving itself authority to award attorney’s fees to prevailing party as part of pretrial mediation scheme; absent express Congressional action to contrary, § 1920 is uniform standard Congress intends federal courts to[*783] follow in assessing costs). Third, while Rule 54(d) gives the district court discretion not to award costs to the prevailing party, see Crawford, 482 U.S. at 441-42, 107 S.Ct. 2494 (Rule 54(d) grants district courts discretion to decline to tax costs), it gives the court no explicit authority to tax costs against the prevailing party, cf. Greaser v. Missouri, 145 F.3d 979, 985 (8th Cir.) (Rule 54 codified presumption that prevailing party is entitled to costs), cert. denied, 525 U.S. 1056, 119 S.Ct. 620, 142 L.Ed.2d 559 (1998).

Accordingly, we reverse and remand to the district court with directions that the court consider ordering the mediator’s fee to be paid out of the court’s attorney admission fee fund. See E.D.Mo. Local R. 12.08.