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Colorado Court of Appeals

Waugh v. Veith.

No. 24CA0741. Civil Action for Deprivation of Rights—Costs Awards to Defendants—Required Finding of Frivolousness—General Rule Allowing Prevailing Defendants to Recover Reasonable Costs.

April 24, 2025

A protest occurred in August 2020 during which Officers Veith and Anderson used force against Waugh. Waugh sued the officers under CRS § 13-21-131 for excessive force, violations of free speech rights, and retaliation. On Waugh’s free speech and retaliation claims, the district court granted summary judgment to the officers. A jury returned a verdict for the officers on Waugh’s excessive force claim. The officers then moved for an award of costs under CRS § 13-16-105 and CRCP 54(d) but did not argue that any of Waugh’s claims were frivolous. The district court awarded the officers $12,835.14 in costs against Waugh under CRS § 13-16-105 and CRCP 54(d) without finding that any of Waugh’s claims were frivolous, reasoning that § 13-21-131(3) did not limit recovery of costs to a prevailing defendant under § 13-16-105 and Rule 54(d).

On appeal, Waugh argued that the district court erred by awarding the officers costs without finding that any of his claims were frivolous. Subsection 13-21-131(3) provides that when a judgment is entered for a defendant, the court may award the defendant reasonable costs and attorney fees for defending a claim that the court finds frivolous. The court of appeals concluded that § 13-21-131(3) conflicts with § 13-16-105’s mandate that costs be awarded to a prevailing defendant and determined that because § 13-21-131(3) is part of a more specific and recent statute than § 13-16-105, subsection (3) controls defense costs awards in actions brought under § 13-21-131. Accordingly, the district court erred by determining that there was no conflict between subsection (3) and the general rule that allows prevailing defendants to recover reasonable costs under § 13-16-105 and Rule 54(d), and by awarding the officers their costs without finding that Waugh’s claims were frivolous.

That portion of the order awarding $12,835.14 in costs against Waugh was reversed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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