Robert Scott v. Blossburg Borough, Shane Nickerson, Joshua McCurdy, and Patrick Barrett, III

Summary

The United States District Court for the Middle District of Pennsylvania resolves Robert Scott’s motion for attorneys’ fees following a jury verdict in his favor on disability discrimination, retaliation, and First Amendment claims against Blossburg Borough officials. The court awards $115,200 in attorneys’ fees based on 288 compensable hours at $400 per hour and awards $19,310.81 in costs, including expert witness fees. The court declines proposed reductions for dismissed claims, mediation time, and motions in limine practice.

Holdings

1. Scott was a significantly prevailing party and was entitled to attorneys' fees on both his federal claims and his Pennsylvania Human Relations Act claims.
2. The reasonable fee was calculated using a lodestar of 288 compensable hours at a reasonable hourly rate of $400, resulting in an award of $115,200.
3. The court declined to apply a mechanical 40-percent reduction based solely on the dismissal of two of Scott's five original claims.
4. The court allowed compensation for 4.7 hours spent on mediation and 6.1 hours spent preparing motions in limine, declining to make the requested mechanical reductions.
5. The court awarded $5,825.26 in expert witness fees as part of the attorneys' fee and costs award.

Questions Presented

1. Whether Scott was a prevailing party entitled to attorneys' fees on his federal and Pennsylvania Human Relations Act claims.
2. How the lodestar method should be applied to determine the reasonable attorneys' fee award, including the reasonable hourly rate and compensable hours.
3. Whether the court should impose a 40-percent reduction based on the dismissal of two of Scott's five original claims.
4. Whether time spent on mediation and motions in limine was reasonably expended and compensable.
5. Whether expert witness fees were recoverable as part of the attorneys' fee award under 42 U.S.C. § 1988(c).

Disposition

other