Herrington v. County of Sonoma

Summary

The court awards plaintiffs attorneys' fees and expenses under 42 U.S.C. § 1988 after a jury verdict finding that Sonoma County violated plaintiffs' federal constitutional rights in connection with their 540 acres of real estate. The court finds the requested attorney hours and rates generally reasonable, awards $363,832.70 in fees and $42,692.12 in expenses, and permits postjudgment interest. The court denies a further fee application for time spent preparing the fee motion.

Holdings

1. Plaintiffs were prevailing parties and were entitled to recover reasonable attorneys' fees and costs under 42 U.S.C. § 1988.
2. The court awarded the requested fees except that one attorney's hourly rate for June 1, 1985, through October 1, 1986, was reduced from $250 to $200 per hour.
3. No reduction was warranted for time spent on plaintiffs' inverse-condemnation theory, which plaintiffs abandoned before the case was submitted to the jury.
4. Plaintiffs were entitled to recover their claimed expenses and postjudgment interest on the attorneys' fees and expenses from the date of entry of judgment.
5. Plaintiffs could not file a further application for fees and expenses incurred in connection with preparing the fee motion.

Questions Presented

1. Whether plaintiffs were prevailing parties entitled to an award of attorneys' fees under 42 U.S.C. § 1988.
2. Whether the requested hours and hourly rates were reasonable under the governing fee-award standards.
3. Whether the court should reduce the fee award because plaintiffs abandoned an inverse-condemnation theory before submission to the jury or because of alleged duplication of work.
4. Whether plaintiffs were entitled to recover litigation expenses and postjudgment interest on the fees and expenses.
5. Whether plaintiffs could file a subsequent application for fees incurred in preparing the fee motion.

Disposition

other