Summary
This memorandum addresses a motion for attorney's fees and costs under 42 U.S.C. § 1988 following a successful civil rights claim for malicious prosecution. The court calculates a lodestar based on a reduced hourly rate of $750 and adjusted billable hours, then applies a downward adjustment for limited success given the modest $10,000 jury verdict. Ultimately, the court awards a total of $108,492.70 in fees and costs, balancing the plaintiff's vindication of federal constitutional rights against the degree of success obtained.
Topics
Practice areas
Questions Presented
- Whether the attorney's fee award under §1988(b) should be reduced due to the plaintiff's limited success in the action.
Holdings
- The court reduced the lodestar fee award by $30,000, resulting in a final fee award of $108,492.70.
Key quotations
“There is no precise rule or formula . . . The district court may attempt to identify specific hours that should be eliminated, or it may simply reduce the award to account for the limited success.” (436)
“A court should compensate the plaintiff for the time his attorney reasonably spent in achieving the favorable outcome, even if the plaintiff failed to prevail on every contention.” (834)
Factual background
Cornell Malone sued Philadelphia police officers alleging a Fourth Amendment violation. A jury found that one officer had improperly pursued criminal charges and awarded Malone $10,000. Malone prevailed on a malicious prosecution claim and sought attorney's fees.