Sophia Wilansky v. Morton County
CourtCourt of Appeals for the Eighth Circuit
Date FiledOctober 5, 2026
Docket24-3132
StatusPublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 24-3132
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Sophia Wilansky
Plaintiff - Appellant
v.
Morton County, North Dakota; Kyle Kirchmeier, in his official capacity; Adam J.
Dvorak, in his personal capacity; Jonathan R. Moll, in his personal capacity
Defendants - Appellees
Thomas Iverson, in his personal capacity
Defendant
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: December 16, 2025
Filed: October 5, 2026
[Published]
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Before LOKEN, L.R. SMITH, and KOBES, Circuit Judges.
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PER CURIAM.
This appeal arises from the cost award determined by the district court 1 from
Sophia Wilansky’s 42 U.S.C. § 1983 lawsuit against Morton County, North Dakota,
Kyle Kirchmeier, Adam J. Dvorak, Jonathan R. Moll, and Thomas Iverson
(collectively, “Defendants”). See generally Wilansky v. Morton Cnty., Nos. 24-1911
& 24-1919 (8th Cir. June 24, 2026) (affirming the district court on the merits
portions of those claims). We affirm.
I. Background
During the litigation, the parties engaged in brief periods of limited discovery.
Ultimately, the district court granted summary judgment on the pleadings. Following
the judgment, the Defendants filed cost bills, and Wilansky objected. The district
court granted in part and denied in part the cost bills and awarded over $35,000 to
the Defendants. Wilansky appeals, arguing that that the majority of the costs are not
specifically allowed under 28 U.S.C. § 1920.
II. Discussion
“A prevailing party is presumptively entitled to recover all of its costs.” In re
Derailment Cases, 417 F.3d 840, 844 (8th Cir. 2005). Federal Rule of Civil
Procedure 54 “represents a codification” of this presumption, Greaser v. Mo. Dep’t
of Corr., 145 F.3d 979, 985 (8th Cir. 1998), and provides that costs other than
attorney’s fees “should be allowed to the prevailing party” absent some prohibition
by federal statute, rule, or court order, Fed. R. Civ. P. 54(d)(1). Therefore, “[w]e
review the district court’s award of costs for abuse of discretion.” In re Derailment
Cases, 417 F.3d at 844. In reviewing for an abuse of discretion, we enforce the rule
that “costs must be set out in 28 U.S.C. § 1920 or some other statutory
authorization.” Smith v. Tenet Healthsystem SL, Inc., 436 F.3d 879, 889 (8th Cir.
2006).
1
The Honorable Daniel M. Traynor, United States District Judge for the
District of North Dakota.
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Because “[f]ederal courts are bound by the limitations set out in section 1920,”
168th & Dodge, LP v. Rave Revs. Cinemas, LLC, 501 F.3d 945, 957 (8th Cir. 2007)
(quoting Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir. 2002) (per curiam)),
“[t]he bill of costs proposed by a winning party should always be given careful
scrutiny,” Koppinger v. Cullen-Schiltz & Assocs., 513 F.2d 901, 911 (8th Cir. 1975).
Section 1920 grants district courts the authority to award the following costs:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily
obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any
materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of special
interpretation services under section 1828 of this title.
Moreover, the cost-seeking party bears the burden to demonstrate that the requested
costs arose out of the litigation. See Fogleman v. ARAMCO (Arabian Am. Oil Co.),
920 F.2d 278, 286 (5th Cir. 1991) (“While we certainly do not expect a prevailing
party to identify every xerox copy made for use in the course of legal proceedings,
we do require some demonstration that reproduction costs necessarily result from
that litigation.”).
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Here, the district court engaged in a thorough analysis of each cost before
ultimately granting most, but not all. Wilansky now challenges all the deposition
costs awarded by the district court.2
Wilansky first argues that because the case was ultimately dismissed on the
pleadings, the depositions are not taxable because they were not necessary to the
case. However, “the expense of depositions not used at the trial [can] be taxed
provided they were reasonably necessary to the case and were not purely
investigative in nature.” Koppinger, 513 F.2d at 911. In determining whether
depositions were reasonably necessary, we look to “the time they were taken.” Zotos
v. Lindbergh Sch. Dist., 121 F.3d 356, 363 (8th Cir. 1997) (quoting Manildra Milling
Corp. v. Ogilvie Mills, Inc., 76 F.3d 1178, 1184 (Fed. Cir. 1996)). Here, the district
court “reviewed the entire record and conclude[d] the depositions were reasonably
necessary at the time they were taken.” R. Doc. 311, at 5.
Wilansky cites Marmo v. Tyson Fresh Meats, Inc. in support of her assertion
that the district court erred in permitting costs for depositions not used at trial. 457
F.3d 748 (8th Cir. 2006). Marmo concerned only the Bill of Costs Handbook used
by the District of Nebraska. See id. at 762 (noting that “[t]he Bill of Costs Handbook
used by the District of Nebraska details what deposition transcripts are necessary”
before discussing what the Handbook “provides.”). In discussing the requirements
of that particular handbook, this court noted that to recover costs “a prevailing party
[must] show that the deposition was introduced into evidence, relied upon for cross-
examination or impeachment purposes, or otherwise useful in assisting a resolution
2
The district court granted costs for (1) deposition transcripts and videos, (2)
synchronizing video, (3) additional copies, (4) multiple transcript formats, and (5)
overtime court reporter fees. It denied costs for (1) shipping, handling, and delivery
charges; and (2) unexplained reporter expenses.
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of contested issues.” Id. at 763. Marmo does not apply. Here, we are not applying
the District of Nebraska’s handbook, nor does that reflect a circuit rule.3
Wilansky next argues that the district court improperly awarded costs for
transcripts and videos of the depositions. Wilansky relies on Ventura v. Kyle for the
proposition that the use of “or” in § 1920 requires “the prevailing party . . . to make
a choice between recovering the costs of the printed transcript . . . or the cost of
video-recording it.” No 12-472 (RHK/JJK), 2015 WL 12826467, at *2 (D. Minn.
2015) (emphasis added) (quoting EEOC v. Hibbing Taconite Co., Civ. No. 09-729,
2010 WL 4237318, at *2 (D. Minn. Oct. 21, 2010)). We disagree. The plain language
and context of § 1920 indicates that parties may recover costs for printed transcripts
or video recordings, not either printed transcripts or video recordings, as part of a
list of approved costs so long as the recordings are “necessarily obtained for use in
the case.” 28 U.S.C. § 1920. We affirm the district court’s decision to grant both.
Wilansky also argues that the district court erroneously granted costs for
condensed transcripts. The inquiry here, as Wilansky observes, is whether the
transcripts were necessary. 28 U.S.C. § 1920. The district court is best positioned to
make that determination, and because Wilansky has not provided any caselaw from
this circuit barring granting costs for multiple transcript formats or quantities, we
affirm. As the district court observed, “[t]his has been a complex case, involving
years of litigation, with several dispositive and non-dispositive motions filed.” R.
Doc. 311, at 7; see also Jacobson Warehouse Co. v. Schnuck Mkts., Inc., No 4:17-
cv-764, 2020 WL 853736, at *5 (E.D. Mo. Feb. 20, 2020) (concluding condensed
transcript costs are proper given, inter alia, “the expansiveness of [the] discovery
requests . . . in this complex case”). Where, as here, the district court determines that
the condensed transcripts materially advanced the litigation, they are appropriate to
3
Wilansky also argues that “defendants cited only about 100 pages of her 258-
page deposition” and “[t]hus, only a portion of that deposition cost was ‘necessarily
obtained for use in the case.’” Appellant’s Br. 10 (quoting 28 U.S.C. § 1920(2), (4)).
Wilansky cites no caselaw in support of the notion that a court should prorate the
awarded costs by the number of pages cited, and we decline to establish one here.
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expense. See McDowell v. Safeway Stores, Inc., 758 F.2d 1293, 1294 (8th Cir. 1985)
(per curiam) (“[T]he court should determine that transcripts were not obtained
primarily for the convenience of [the] parties but were necessary for use in the
case.”).
Wilansky also appeals to Race Tires America, Inc. v. Hoosier Racing Tire
Corporation for the proposition that § 1920 does not permit awarding costs for
“production of [electronically stored information (ESI)].” 674 F.3d 158, 171 (3rd
Cir. 2012).
Although the Eighth Circuit has not yet addressed the extent to which
ESI related charges are taxable under § 1920(4), other Circuit courts
and courts within the Eighth Circuit permit recovery of ESI costs if the
costs fall within the meaning of “exemplification” or “making copies.”
Inline Packaging, LLC v. Graphic Packaging Int’l, LLC, No. 15-3183, 2019 WL
3387777, at *4 (D. Minn. July 26, 2019). We need not answer that question here. On
this record, we agree with the district court that “[t]he term ‘making copies’ has been
‘interpreted to include scanning documents and converting native files to a readable
format.’” R. Doc. 311, at 11 (quoting Inline Packaging, 2019 WL 3387777, at *4);
see Jacobson Warehouse, 2020 WL 853736, at *6 (finding storage fees and user fees
recoverable). We also note that Wilansky and her attorneys demanded that Morton
County, and affiliated enforcement entities, preserve copious amounts of ESI;
Wilansky did so before commencing her lawsuit. The district court carefully
analyzed which ESI costs Morton County could recover and which it could not. For
ESI costs “directly related to the cellphone extraction and preservation process . . .
analogous to exemplification or copying,” the district court granted to Morton
County. R. Doc. 311, at 12. On this unique record, we affirm these costs.
We similarly affirm the district court’s decision to grant costs for the court
reporter’s overtime, the additional transcript copy, and the transcript from another
sister case filed by Wilansky. See, e.g., Brisco-Wade, 297 F.3d at 782 (“Under 28
U.S.C. § 1920, a judge or court clerk ‘may tax as costs’ fees of the clerk and marshal,
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fees of the court reporter, fees and disbursements for printing and witnesses, fees for
copies of necessary papers, docket fees, and compensation of court-appointed
experts and interpreters.” (quoting 28 U.S.C. § 1920)). Wilansky fails to raise circuit
precedent barring these costs, and we find that § 1920 permits them.
III. Conclusion
For these reasons, we affirm.
KOBES, Circuit Judge, dissenting.
In two related lawsuits, we rejected Wilansky’s appeal from the dismissal of
her excessive force claims against law enforcement officers and Morton County.
Wilansky v. Morton County, 179 F.4th 633, 637 (8th Cir. 2026) (Kobes, J.). In this
appeal, she argues that the district court erred by taxing costs in those cases. I
partially agree with her. The district court’s order was thorough, and for the most
part, correct. But it awarded costs “reasonably related” to making copies of
electronically stored information. With respect, that is an overly broad reading of
28 U.S.C. § 1920(4).
Costs can only be taxed if authorized by statute. Smith v. Tenet Healthsystem
SL, Inc., 436 F.3d 879, 889 (8th Cir. 2006). Section 1920(4) allows the taxation of
costs for “exemplification” and “making copies of any materials” necessarily
obtained for use in the case. Although we have not explained how this section
applies to electronically stored information, other circuits have. In the Third Circuit
and elsewhere, costs for converting files to usable formats and for scanning
documents are considered “making copies” and are taxable under § 1920(4), but
those incurred collecting, preserving, processing, indexing, and searching
electronically stored information are not. Race Tires Am., Inc. v. Hoosier Racing
Tire Corp., 674 F.3d 158, 167 (3d Cir. 2012); see also Country Vintner of N.C., LLC
v. E. & J. Gallo Winery, Inc., 718 F.3d 249, 260 (4th Cir. 2013) (adopting Race Tires
Am., Inc.); United States v. Halliburton Co., 954 F.3d 307, 312 (D.C. Cir. 2020)
(similar).
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I agree with our sister circuits. “[S]ection 1920(4) authorizes taxation of costs
for the digital equivalent of a law-firm associate photocopying documents to be
produced to opposing counsel.” Halliburton Co., 954 F.3d at 311. “[S]ervices
leading up to the actual production” are not taxable. Race Tires Am., Inc., 674 F.3d
at 169. The distinction matters. Here, the district court properly awarded
approximately $1,000 for processing file-format conversions. See, e.g., id. at 167.
But it also taxed several thousand dollars for extracting data, reviewing and detailing
information, creating spreadsheets, and for digital hosting fees. Those costs may be
“reasonably related” to the production of electronically stored information, but they
are not recoverable under § 1920(4) because they are not “making copies.” See Race
Tires Am., Inc., 674 F.3d at 170 (“[G]athering preserving, processing, searching,
culling, and extracting ESI simply do not amount to ‘making copies.’”); see also
CBT Flint Partners, LLC v. Return Path, Inc., 737 F.3d 1320, 1328 (Fed. Cir. 2013)
(“[O]nly the costs of creating the produced duplicates are included, not a number of
preparatory or ancillary costs commonly incurred leading up to, in conjunction with,
or after duplication.”).
The court refuses to engage with § 1920(4) because Wilansky “fails to raise
circuit precedent barring these costs.” But, as the district court noted, this is a case
of first impression in the Eighth Circuit. 4 And whether § 1920(4) authorizes these
costs is a question of law we review de novo. See Stanley v. Cottrell, Inc., 784 F.3d
454, 464 (8th Cir. 2015).
In the end, the court affirms because Wilansky “demanded” the preservation
of “copious amounts” of electronically stored information “before commencing her
lawsuit.” I’m not sure that is relevant to whether the costs taxed here fall within the
4
District courts are reaching inconsistent results. Compare Inline Packaging,
LLC v. Graphic Packaging Int’l, LLC, Civ. No. 15-3183, 2019 WL 3387777, at *5
(D. Minn. July 26, 2019) (denying costs for gathering, preserving, and extracting
ESI) with Jacobson Warehouse Co., Inc. v. Schnuck Markets, Inc., No. 4:17-CV-
00764, 2020 WL 853736, at *5–6 (E.D. Mo. Feb. 20, 2020) (granting costs for
pulling, formatting, and processing ESI).
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text of § 1920(4). See Smith, 436 F.3d at 889 (citing Crawford Fitting Co. v. J.T.
Gibbons, Inc., 482 U.S. 437, 438 (1987)). But setting that aside, there is nothing
“unique” about demanding the preservation of electronic evidence. And if the court
means what it says, non-prevailing parties in this circuit should be prepared to pay
much more for electronic discovery costs.
I respectfully dissent.
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