Lane v. Person

Dist. Ct. erred in fully granting defendant-prison doctor’s Rule 54(d) motion for costs totaling $4,047.59, where defendant was prevailing party in plaintiff’s section 1983 action, alleging that defendant was indifferent to plaintiff’s medical needs. Out of the requested amount, defendant sought $2,750 fee for witness who provided medical testimony on behalf of defendant. However, 20 USC section 1821 caps witness fees at $40, and thus defendant was entitled to only $40 as costs for said witness. Ct. rejected defendant’s claim that full $2,750 fee was recoverable as expert witness fee under Rule 26, since instant witness was defendant’s own expert, and fees for party’s own expert are generally not recoverable as costs.