Family Pac v. Ferguson, No. 12-35640 (9th Cir. 2014)Annotate this Case
Family PAC filed suit alleging that three provisions of the Washington election law violated the First Amendment as applied to ballot measure committees. The district court granted summary judgment in part for Family PAC and Family PAC subsequently sought attorneys fees and expenses. The court held that the term "costs" under Rule 39 of the Federal Rules of Appellate Procedure did not include attorney's fees and recoverable as part of costs under 42 U.S.C. 1988 and similar statutes. Therefore, in this case, the district court properly concluded that the statement in the court's previous opinion that "[e]ach party shall bear its own costs of appeal," did not preclude Family PAC, as prevailing party, from obtaining an award of appellate attorney's fees under section 1988.