In Hescott v. City of Saginaw, 757 F.3d 518 (6th Cir. 2014) (Nos. 13-2103, 13-2153), plaintiffs brought a Section 1983 action against defendants in federal court. Before trial, defendants submitted an offer of judgment under FRCP 68, in which they proposed to settle the case for $15,000. Plaintiffs rejected the offer, proceeded to trial, and received a jury award of $5,000. Because the verdict was less than defendants’ Rule 68 offer, defendants requested an award of its post-offer costs, which they contended included their attorney’s fees. The trial court declined to enter such an award. On appeal, the Sixth Circuit addressed the issue of whether attorney’s fees were recoverable as post-offer “costs” under Rule 68, which the court acknowledged was a question of first impression in that circuit. The court joined the First, Third, Fifth, Seventh, Eighth, and Ninth Circuits in holding that attorney’s fees are not recoverable costs for purposes of Rule 68. The court also held, however, that plaintiff’s attorney’s fees were relevant insofar as any attorney’s fees awarded must be added to the amount of the verdict to determine whether the outcome at trial was more or less favorable than the settlement offer. The court held that plaintiffs were statutorily entitled to recover their attorney’s fees as the prevailing party, and remanded the case to the district court for a determination of those fees. Only then could it be determined whether plaintiffs’ total recovery at trial was more or less than defendants’ Rule 68 offer.