AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Attorneys' Fees: Against Government
Monthly Law Journal Article:
Fees in Federal Civil Rights Lawsuits: An Introduction - Part One
(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
282:93 Warrantless search of home seeking for child was unreasonable, but plaintiff was not entitled to an award of attorneys' fees after only nominal damages were awarded; plaintiff waived issue of punitive damages by failing to raise it after verdict on liability was announced but before jury had been dismissed Caruso v. Forslund, 47 F.3d 27 (2nd Cir. 1995).
285:132 Federal appeals court upholds award of $151,05558 in compensatory damages and $81,37722 in attorneys' fees and costs to man allegedly beaten in his home by officer responding to domestic disturbance call; trial court did not err in admitting evidence of future lost profits from plaintiff's business of rehabbing and selling residential real estate or in using a higher per-hour dollar figure for plaintiff's attorneys than is typical in the same market area for defense lawyers in federal civil rights lawsuits. Malloy v. Monahan, 73 F.3d 1012 (10th Cir. 1996).
282:83 Federal appeals court upholds awarding of $8,250 in attorneys' fees and costs to bail bondsman illegally detained for three hours who was awarded $1 in nominal damages; plaintiff's victory was "not merely technical" since his right to be free of illegal detention was a "significant one," and his victory helps to avoid "future illegality." Piper v. Oliver, 69 F.3d 875 (8th Cir. 1995).
City could not withdraw accepted $7,500 settlement offer on false arrest claim after realizing that "in artfully drafted" offer did not include attorneys' fees in lump sum settlement; plaintiff was entitled to reasonable attorneys' fees in addition to settlement amount. Erdman v. Cochise County, AZ, 926 F.2d 877 (9th Cir. 1991).
Ohio Supreme Court holds that city wrongfully refused to provide police officer with defense in federal civil rights suit based on alleged assault against his sister committed while acting "within the scope of his employment"; city ordered to pay attorneys' fees both in original lawsuit and in action brought by officer against city Rogers v. City of Youngstown, 61 Ohio St 3d 205, 574 N.E.2d 451 (1991).
Attorney who filed civil rights lawsuit against city, mayor and police chief without reasonable inquiry subject to attorneys' fee sanction Gutierrez v. City of Hialeah, 723 F.Supp. 1494 (S.D.Fla 1989).
Attorney fees of $694,18591 awarded against city that reached settlement in police brutality suit White v. City of Richmond, 713 F.2d 458 (9th Cir. 1983).
Attorney's get nearly $129,000 in fees for winning $30,000 judgment in unconstitutional strip-search Tikalsky v. City of Chicago, 585 F.Supp. 813 (N.D.Ill. 1984).
Court orders immediate payment of attorneys fees for preliminary injunction Palmer v. City of Chicago, 596 F.Supp. 1060 (N.D.Ill. 1984).
No attorney fees to plaintiff who won state law claims, but not federal McDonald v. Doe, 748 F.2d 1055 (5th Cir. 1984).
Plaintiff not entitled to fees against city following settlement Collier v. City and County of Denver, 697 P.2d 396 (Colo App. 1984).
Civil rights plaintiff who prevails against government employees in personal capacities cannot recover attorney fees from governmental employer Kentucky v. Graham, No 84-849; 53 USLW 4966, 6/28/85
City and officer not entitled to attorney fees, despite favorable judgment Jensen v. Stangel, 762 F.2d 815 (9th Cir. 1985).
Over $300,000 awarded in fees and costs in suit alleging testicle injury Spell v. McDaniel, 616 F.Supp. 1069 (DC N.C. 1985).
Prevailing plaintiffs entitled to attorney's fees for civil rights suit, but could not recover for fees in administrative and criminal proceedings McKever v. Vondollen, 681 F.Supp. 999 (NDNY 1988).
Plaintiffs who received $16,000 settlement in million dollar suit were not "prevailing parties" entitled to attorneys' fees Stefan v. Laurenitis, 695 F.Supp. 1330 (D. Mass 1988).
" See also: Search and Seizure: Strip
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