Brett-Ashleigh George and Committee for Public Counsel Services v. Massachusetts State Police

Summary

The Massachusetts Superior Court considered Plaintiffs’ motion for attorney’s fees and costs under the Massachusetts Public Records Law after they obtained most of the records requested from the Massachusetts State Police. The court found Plaintiffs substantially prevailed and awarded fees, but reduced the amount attributable to the parties’ prolonged post-production dispute over fees. The court ordered the Massachusetts State Police to pay $29,641 within ten days.

Holdings

1. Plaintiffs were prevailing parties because they obtained substantially all of the requested records only after filing suit, and the court therefore had discretionary authority to award reasonable attorney's fees and costs under G.L. c. 66, § 10A(d)(2).
2. The lodestar method generally governs the determination of reasonable attorney's fees under fee-shifting statutes, subject to adjustment based on the circumstances of the case.
3. The attorney's fees and costs incurred through February 13, 2025, totaling $17,845.50, were reasonable and should be awarded.
4. The $23,591 in fees incurred after February 13, 2025 in documenting and demanding additional attorney's fees was excessive and unreasonable; the court awarded one-half of that amount, or $11,795.50.
5. The Massachusetts State Police's lack of resources and high volume of records requests did not excuse its material noncompliance with the Public Records Law or eliminate fee liability.

Questions Presented

1. Whether Plaintiffs were prevailing parties entitled to an award of reasonable attorney's fees and costs under the Massachusetts Public Records Law.
2. Whether the fees and costs requested were reasonable under the lodestar method.
3. Whether fees incurred in negotiating and litigating the fee application should be reduced as excessive and unreasonable.
4. Whether the Massachusetts State Police's lack of resources and volume of public-records requests excused or reduced its fee liability under the Public Records Law.

Disposition

other