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$1 Awarded To Utah Prisoner After Untimely Appeal Fails
Former Utah pre trial detainee Charles Farnsworth filed a Federal civil
rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt
Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging
denial of his First Amendment rights to purchase and have sent to him in
jail "newspapers, religious writings, law books, books of any kind, or
magazines." The district court dismissed Farnsworth's complaint, except for
his claim that his right to newspapers had been violated. The court awarded
judgment in favor of Farnsworth for one dollar against Salt Lake County.
Farnsworth subsequently requested attorney fees of $54,626.25, and costs
of $501.03. Upon objection of Salt Lake County, the district court awarded
fees and costs of $28,374.89. Farnsworth filed a pro se notice of appeal
outside the 30 day time limit.
The U.S. Court of Appeals for the Tenth Circuit held that it was without
jurisdiction to review the district court's $1.00 nominal damages award,
since the appeal was untimely. The Tenth Circuit further held that
Farnsworth "clearly intended to appeal only a portion of the trial court's
order respecting damages and fees, and our jurisdiction does not extend to
other matters of the judgment that the plaintiff may now wish to appeal."
See: Farnsworth v. Kennard, 2006 U.S. App. LEXIS 16728 (10th Cir. 2006).
rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt
Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging
denial of his First Amendment rights to purchase and have sent to him in
jail "newspapers, religious writings, law books, books of any kind, or
magazines." The district court dismissed Farnsworth's complaint, except for
his claim that his right to newspapers had been violated. The court awarded
judgment in favor of Farnsworth for one dollar against Salt Lake County.
Farnsworth subsequently requested attorney fees of $54,626.25, and costs
of $501.03. Upon objection of Salt Lake County, the district court awarded
fees and costs of $28,374.89. Farnsworth filed a pro se notice of appeal
outside the 30 day time limit.
The U.S. Court of Appeals for the Tenth Circuit held that it was without
jurisdiction to review the district court's $1.00 nominal damages award,
since the appeal was untimely. The Tenth Circuit further held that
Farnsworth "clearly intended to appeal only a portion of the trial court's
order respecting damages and fees, and our jurisdiction does not extend to
other matters of the judgment that the plaintiff may now wish to appeal."
See: Farnsworth v. Kennard, 2006 U.S. App. LEXIS 16728 (10th Cir. 2006).
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Related legal cases
Farnsworth v. Kennard
| Year | 2006 |
|---|---|
| Cite | 2006 U.S. App. LEXIS 16728 (10th Cir. 2006) |
| Level | Court of Appeals |
| Attorney Fees | 28374.9 |
| Damages | 0 |
| Injunction Status | N/A |
Duffy v. Riveland
| Year | 1998 |
|---|---|
| Cite | USDC WD WA C92-1596R & C93-637R |
| Level | District Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |