Price v. Pelka

Summary

The court addresses a motion for relief from judgment and a post-trial request for attorney’s fees in a Fair Housing Act action. Although defendants admitted liability and compensatory damages remained intact, the court vacated punitive damages and denied attorney’s fees after finding that the plaintiff had presented perjured testimony concerning alleged humiliation and emotional harm.

Holdings

1. A prevailing Fair Housing Act plaintiff who offered perjured testimony to support her claim of humiliation, anger, and embarrassment is not entitled to attorney fees when awarding fees would allow her to benefit unjustly from the perjury.
2. The prior $800 attorney-fee award is vacated, and the plaintiff's motion for an award of reasonable attorney fees is denied.

Questions Presented

1. Whether a prevailing Fair Housing Act plaintiff who offered perjured testimony to support her damages claim may recover attorney fees under 42 U.S.C. § 3612(c).
2. Whether the previously entered attorney-fee award should be vacated in light of the plaintiff's material misrepresentations and perjury.

Disposition

vacated