Education Law - SchoolNET

School districts may seek reimbursement for attorney fees when defending against frivolous or harassing legal actions

The U.S. District Court for the Western District of New York recently issued a decision that will provide a basis for school districts to seek reimbursement for its attorney fees when forced to defend a legal action deemed to be frivolous or harassing. In Murphy v. Board of Education of the Rochester City School District, 420 F.Supp.2d 131 (W.D.N.Y. 2006), the plaintiff, an employee of the school district, alleged several civil right claims against the school district, teacher's association, board members and school employees. In 2003, the plaintiff's claims were dismissed, with the Court finding that the plaintiff's claims were without any merit.

The school district and the teacher's association then moved for an award of attorney fees against the employee, based on the fee shifting provisions of 42 U.S.C. §§ 1988, 2000e-5(k) and 12205. Recognizing that it is unusual to award a prevailing defendant attorney fees under these provisions, Federal Court Judge David G. Larimer noted that such fees can be awarded as a "deterrent to litigants who bring, or are contemplating bringing, frivolous lawsuits." As a precondition to an award of fees, however, there must be a showing that the claim was "frivolous, unreasonable, or groundless, or the plaintiff continued to litigate after it clearly became so."

Applying this standard to the facts of this case, Judge Larimer determined that the employee's litigious behavior against the defendant justified a fee award. He says:

I think it is fair to say that if there ever were a case in which fees should be awarded to a prevailing defendant, this is it. From its inception, this case was meritless and without foundation… furthermore, I find that plaintiff brought and pursued this litigation in bad faith, for the improper purpose of attacking the District and school administrators about matters that had nothing to do about the original basis of the lawsuit."

Judge Larimer noted that the plaintiff's meritless claims forced the school district to expend over one million dollars in defense costs. He ordered the plaintiff to pay the school district and teacher's association $270,000, to be paid in installments.

Although the circumstances of this case are extreme, Murphy v. Bd. of Education does afford a basis for school districts to seek defense costs when forced to defend against lawsuits designed merely to harass the school district.