Baker v. Lindgren, No. 15-2203 (7th Cir. 2017)Annotate this Case
Seventh Circuit upholds award of attorneys’ fees to some plaintiffs and of costs to some defendants in civil rights case. Ghidotti, an employee of Reliable Recovery, attempted to repossess a car from Baker’s step‐daughter. Ghidotti called 911, falsely stating that Baker had threatened him. Police arrived, arrested Baker, and charged him with possession of shotgun with an expired registration. Baker attended nine court hearings before the charges were dropped. Baker and family members sued Chicago, eight named police officers, unknown officers, two private citizens, and Reliable Recovery, alleging civil rights violations and state law tort claims. Baker won a modest recovery from several City defendants on one civil rights claim, and from the City defendants and a private defendant on one state law tort claim, but the defendants prevailed on the remaining claims. The district court granted attorneys’ fees to Baker, but denied him costs as prevailing party, awarding costs to the City for prevailing against two other plaintiffs. The Seventh Circuit affirmed in part, finding no abuse of discretion under 42 U.S.C. 1988 in either the court’s refusal to award costs to plaintiffs or its decision to award costs to the City for the claims raised by family members. The court remanded for recalculation of fees.