Mandeville files motion for attorneys’ fees, arguing constitutional claims were ‘frivolous’
Filing cites fabricated case citations as further evidence ahead of Feb. 24 sanctions hearing
NEW ORLEANS — The City of Mandeville is seeking $231,844.38 in attorneys’ fees from the developers behind the failed Sucette Harbor project after a federal judge dismissed all claims in the lawsuit with prejudice.
In a motion filed Wednesday in the U.S. District Court for the Eastern District of Louisiana, the city asked Judge Brandon S. Long to award the legal fees and costs incurred while defending the lawsuit brought by Woodward Harbor LLC and LSU Health Foundation New Orleans.
The city argues it is entitled to recover those fees under federal civil rights law because the plaintiffs’ constitutional claims were “frivolous, unreasonable, or without foundation.”
Dismissal with prejudice
Earlier this month, Long dismissed all remaining claims in the Sucette Harbor case with prejudice, concluding the plaintiffs failed to plausibly plead viable constitutional violations related to the Mandeville City Council’s 2023 rejection of the proposed mixed-use development.
The court had previously dismissed claims against Councilman-at-Large Jason Zuckerman individually and later dismissed the remaining claims against the city, including equal protection allegations. The judge also denied leave to amend, finding the legal deficiencies could not be cured.
Because the city prevailed on all claims, it now seeks reimbursement under 42 U.S.C. § 1988, a statute that allows prevailing parties in certain civil rights cases to recover reasonable attorneys’ fees.
City argues claims lacked merit
In its filing, the city contends the lawsuit never had a factual or legal basis and notes that the court dismissed the claims at the Rule 12(b)(6) stage, before any trial or evidentiary proceedings.
The motion also references the court’s earlier finding that the plaintiffs’ opposition brief contained fabricated or inaccurately cited cases — an issue that prompted a separate order requiring plaintiffs’ counsel to appear at a sanctions hearing scheduled for Feb. 24 in New Orleans.
The city states it paid $213,084.38 to the law firm Liskow & Lewis and $18,760 to Breaux Law LLC in defending the case.
High bar for fee awards
Under federal law, prevailing defendants in civil rights cases may recover attorneys’ fees only if the plaintiff’s claims are determined to be frivolous or without foundation. Courts have described that standard as a high bar intended to avoid discouraging legitimate civil rights litigation.
Judge Long will determine whether the plaintiffs’ claims meet that threshold and whether to award the requested fees.
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Mandeville Daily 