Anderson v. City of New York

132 F. Supp. 2d 239, 2001 U.S. Dist. LEXIS 1671, 2001 WL 180059
CourtDistrict Court, S.D. New York
DecidedFebruary 22, 2001
Docket98CIV.1351(SHS)
StatusPublished
Cited by27 cases

This text of 132 F. Supp. 2d 239 (Anderson v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. City of New York, 132 F. Supp. 2d 239, 2001 U.S. Dist. LEXIS 1671, 2001 WL 180059 (S.D.N.Y. 2001).

Opinion

OPINION AND ORDER

STEIN, District Judge.

I. INTRODUCTION

Plaintiffs Cedric S. Anderson, Jr. and Nigel Anderson brought this action pursuant to 42 U.S.C. § 1983 alleging violations of their Fourth Amendment rights by the defendant police officers and failure to train and supervise the officers by the City of New York, as well as related state law claims. Specifically, plaintiffs claim that the individual police officers used excessive force on them after pulling over their car without probable cause, illegally searched them and their car, and intentionally inflicted emotional distress on them.

The Court bifurcated trial against the individual defendants from trial against the City of New York pursuant to Fed. R.Civ.P. 42(b), and a trial of the claims against the individual defendants was held before a jury from February 7, 2000 to February 14, 2000. At the close of plaintiffs’ case, the Court granted judgment as a matter of law against plaintiffs pursuant to Fed.R.Civ.P. 50(a) on their claim that their car had been illegally searched because plaintiffs had failed to adduce any evidence that the individual defendants were the officers who searched their car. The remaining constitutional and state law claims went to the jury, which returned a verdict for plaintiffs on the constitutional claims and for defendants on the intentional infliction of emotional distress claims. The jury awarded Cedric Anderson compensatory damages of $2,500, and Nigel Anderson nominal damages of one dollar. The jury did not award any punitive damages.

Plaintiffs now move for their attorneys’ fees and costs pursuant to 42 U.S.C. § 1988. For the reasons set forth below, the motion is granted in part and denied in part.

II. DISCUSSION

In a section 1983 action, the court has the discretion to award “reasonable” attorneys’ fees and costs to “the prevailing party,” 42 U.S.C. § 1988(b), and a “prevailing party” should ordinarily be awarded attorneys’ fees unless “special circumstances” would render such an award unjust. See Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). However, where a party obtains a purely “technical” victory, such as an award of only nominal damages on a secondary claim of a multi-claim case, attorneys’ fees should usually not be awarded. Farrar v. Hobby, 506 U.S. 103, 114- *242 16, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992); id. at 117-18, 113 S.Ct. 566 (O’Connor, J., concurring); Pino v. Locascio, 101 F.3d 235, 239 (2d Cir.1996). In this case, defendants do not dispute that plaintiffs are “prevailing part[ies]” within the meaning of 42 U.S.C. § 1988(b). Instead, the police officers contend that plaintiffs’ victory is so purely technical or “de minimis” as to preclude any award of attorneys’ fees.

A. Plaintiffs’ Victory Was Not Technical or “De Minimis”

Correctly noting that the United States Supreme Court has written that, in fixing an award of attorneys’ fees in a civil rights action, a district court “is obligated to give primary consideration to the amount of damages awarded as compared to the amount sought,” Farrar, 506 U.S. at 114, 113 S.Ct. 566, defendants contend that the award of $2,501 in this case is a mere technical victory when considered in light of a prayer for relief in plaintiffs’ complaint totaling $66,000,000. However, regardless of the amount sought in the prayer for relief in the complaint, plaintiffs never asked the jury to award a specific amount at trial and the jury was never given a copy of the complaint. Cf. Adams v. Rivera, 13 F.Supp.2d 550, 553 n. 5 (S.D.N.Y.1998); Pino, 101 F.3d at 237.

Even assuming that plaintiffs’ damages award should be compared to the full $66,000,000 sought in the complaint, plaintiffs’ level of success in this case is markedly higher than that achieved by the plaintiffs in Farrar and Pino, relied on by defendants. In Farrar, the plaintiff sued six defendants alleging a conspiracy to deprive him of his civil rights; the jury found in his favor on only a single tangential claim against one of the six defendants. 506 U.S. at 105-07,113 S.Ct. 566. Similarly, in Pino, the plaintiff brought three civil rights claims against two defendants and rejected a settlement offer of $75,000 plus $75,000 in attorneys’ fees; the jury found in her favor on only one claim against one defendant and awarded only one dollar in nominal damages in total. 101 F.3d at 236-37. In this case, plaintiffs prevailed against both of the individually named defendants on all of their civil rights claims except for one tangential claim, and there is nothing in the record to indicate that the Andersons ever rejected any offer greatly exceeding the amount they obtained at trial.

Plaintiffs’ entitlement to fees is strengthened by consideration of the other factors set forth in Justice O’Connor’s concurring opinion in Farrar: “the significance of the legal issue on which the plaintiff claims to have prevailed” and whether the litigation “accomplished some public goal.” See Farrar, 506 U.S. at 121-22, 113 S.Ct. 566 (O’Connor, J., concurring). 1 In that opinion, Justice O’Connor found that the issue of liability — i.e., whether defendants violated plaintiffs’ rights — is “significant.” Id. She continued, however, that the “victory” achieved on this significant issue by the Farrar plaintiff was, at best, hollow, because he did not prevail on his conspiracy claim but instead “recover[ed] one dollar from the least culpable defendant.” Id. As noted above, plaintiffs in this case prevailed against all of the individual defendants on their most significant constitutional claims — far from the “hollow” victory of the plaintiff in Farrar. Accordingly, plaintiffs prevailed on a significant legal issue in this case, which weighs in favor of the Court awarding attorneys’ fees.

Although this ease created no new rule of liability, see Pino,

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Bluebook (online)
132 F. Supp. 2d 239, 2001 U.S. Dist. LEXIS 1671, 2001 WL 180059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-city-of-new-york-nysd-2001.