AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Attorneys' Fees: Computation
Monthly Law Journal Article:
Attorneys'
Fees in Federal Civil Rights Lawsuits: An Introduction - Part One
, 2011
(4) AELE Mo. L. J. 101
Monthly Law Journal Article: Attorneys'
Fees in Federal Civil Rights Lawsuits: An Introduction - Part Two,
2011 (5) AELE Mo. L. J. 101
A homeowner sought
$9,462 in compensatory damages that he claimed was needed to refurnish
his home after an unreasonable execution of a search warrant by four officers.
He also sought damages for emotional distress and punitive damages. A jury
found for the plaintiff against only one officer and awarded only $100.
He then sought an award of $116,435 in attorneys' fees as a prevailing
party for 450 hours of work. A federal appeals court upheld a denial of
attorneys' fees, finding that the jury award on just one of eight claims
made was nominal and trivial and did not provide any public benefit. Aponte
v. City of Chicago, #12-3099, 2013 U.S. App. Lexis 18111 (7th Cir.).
Federal district
court in Colorado establishes guidelines for computing attorney's fees
Ramos v. Lamm, 713 F.2d 546 (10th Cir. 1983).
$21,508 to plaintiff's
attorney for winning a case in which $1 was awarded Garmon v. Foust, U.S.
District Court, #77-367-2, Law Journal, July 18, 1983
Legal Aid lawyers
entitled to prevailing rates given to private lawyers; complexity of civil
rights case does not justify bonus factor Blum v. Stenson, 104 SCt 1541
(1984).
City not obligated
to pay for lawyer's team management, including associates and paralegals
Roe v. City of Chicago, 586 F.Supp. 513 (N.D.Ill. 1984).
Minimal success
on false arrest claim results in drastic attorney fee reduction Drake v.
Perrin, 593 F.Supp. 1176 (E.D. Pa 1984).
Upward adjustment
of fee improper in simple police assault suit Hall v. Borough of Roselle,
747 F.2d 838 (3rd Cir. 1984).
U.S. Supreme
Court rules "prevailing party" cannot recover attorney's fees
for first pursuing administrative remedies Webb v. Board of Ed of Dyer
County, 105 S.Ct. 1923 (1985).
Work for prosecuting
fee petition is compensable Jonas v. Stack, 758 F.2d 567 (11th Cir. 1985).
U.S. Supreme
Court limits fee recovery Marek v. Chesny, No 83-1437, 473 U.S. 1 (1985).
State courts
must list reasons for denying attorney fees Moran v. Pima County, 700 P.2d
881 (Ariz App. 1985).
Lawyers entitled
to statutory fees, regardless of contingency fee agreement Hamner v. Rios,
84-6397, 8/28/85 (9th Cir. 1985). Fee award reduced in nominal damage award
Nephew v. City of Aurora, 766 F.2d 1464 (10th Cir. 1985).
Case remanded
on issue of attorney fees for expert witness Hiegel v. Hill, 771 F.2d 358
(8th Cir. 1985).
Court awards
fees and costs nearly 10 times over the judgment Cool v. Police Dept of
City of Yonkers, 620 F.Supp. 954 (DC NY 1985).
U.S. Supreme
Court allows civil rights plaintiffs to recover huge attorney's fees in
modest cases City of Riverside v. Rivera, 477 U.S. 561 (1986).
Proper for court
to reduce attorneys' fees requested to reflect inefficient and duplicative
work; court must, however, explain reduction Jacobs v. Mancuso, 825 F.2d
559 (1st Cir. 1987).