No Appellate Costs (Fed. R. App. P. 39) for Section 1983 Defendant

In Moore v. Andreno, No. 08-2426 (2d Cir. Nov. 2, 2009) (here) a civil rights plaintiff lost on appeal in his lawsuit against a police officer who unconstitutionally searched his home.  In a case that will be of great interest to civil rights lawyers, a unanimous three-judge panel of the Second Circuit Court of Appeals denied the defendant's Rule 39 motion for costs.  The six-page opinion concludes:

Exercising that discretion in light of the facts presented by this case, we determine thatequitable considerations warrant denying appellants’ request to recover costs. In particular, Moore’s meager financial resources and his good faith prosecution of claims alleging government misconduct by appellants—misconduct significant enough to convince a state trial judge to suppress evidence and to lead a panel of this Court to find a constitutional violation—counsel in favor of requiring appellants to bear their own costs.
Slip op. at 6.