Bailey v. Wood

708 F. Supp. 249, 1989 U.S. Dist. LEXIS 2838, 1989 WL 25969
CourtDistrict Court, D. Minnesota
DecidedMarch 23, 1989
DocketCiv. No. 4-85-1249
StatusPublished
Cited by1 cases

This text of 708 F. Supp. 249 (Bailey v. Wood) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. Wood, 708 F. Supp. 249, 1989 U.S. Dist. LEXIS 2838, 1989 WL 25969 (mnd 1989).

Opinion

ORDER

ROSENBAUM, District Judge.

Before the Court is plaintiff’s counsel’s post-trial motion for attorneys’ fees and costs pursuant to 42 U.S.C. § 1988. Plaintiff, a former Minnesota prisoner, alleged the Oak Park Heights warden, defendant Wood, violated his civil rights by failing to provide safe conditions and adequate protection following a series of threats and attacks by another inmate. Plaintiff prevailed at trial, recovering a jury award of $26,750 for violations of his civil rights and $28,600 as punitive damages pursuant to 42 U.S.C. § 1983. The jury’s verdict followed seven days of hard-fought trial. As in any successful prisoner’s rights case, the issues in the litigation were complex and the preparation time spent by each side was considerable.

The Fee Application

In his fee application, counsel for plaintiff submits that his regular billing rate is $80 per hour. He suggests in his affidavit, however, that the average hourly rate for attorneys undertaking civil rights cases in the Minneapolis-St. Paul metropolitan area is $100. Counsel provides no additional affidavits in support of this contention. He seeks fees equal to the number of hours he spent in his representation, multiplied by the $100 rate, for a total of $32,390, plus the $1,153.23 in costs he incurred, which sums aggregate $33,544.23.

Counsel presents alternative theories to justify the enhanced fee award. First, he argues that § 1988 allows a successful party in a § 1983 action “reasonable” attorneys’ fees and costs. Counsel suggests that reasonable should be read as hours worked multiplied by the market rate for such representation in the community. Second, he points to a number of cases allowing enhanced fee recovery based on the nature of the litigation, the quality of representation, and the outcome attained. The Court finds each theory is sufficient to sustain counsel’s request for $33,544.23.

The law surrounding the recovery of attorneys’ fees in a civil rights suit is well established. When a plaintiff prevails in a § 1983 case, a court may exercise its discretion in awarding the prevailing attorneys’ fees and costs. Hensley v. Eckerhart, 461 U.S. 424, 436-37, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983); Williams v. Trans World Airlines, Inc., 660 F.2d 1267, 1274 (8th Cir.1981). Absent unusual circumstances, plaintiff’s counsel should recover his fees. Shakopee Mdewakanton Sioux Community v. City of Prior Lake, 771 F.2d 1153, 1159 (8th Cir.1985), cert. denied, 475 U.S. 1011, 106 S.Ct. 1185, 89 L.Ed.2d 301 (1986). In other words, recov[251]*251ery of attorneys’ fees pursuant to §§ 1988 and 1988 is the rule, not the exception. A prevailing attorney, moreover, should recover for all hours devoted to the case. Martin v. Hancock, 466 F.Supp. 454, 456 (D.Minn.1979). With these principles in mind, the Court separately considers each theory presented by counsel for plaintiff.

1. Hourly Rate

Plaintiff normally commands $80 per hour for his legal services, but in this matter he seeks $100 per hour. The logical starting point for any determination of a “reasonable fee” pursuant to § 1988 is the lodestar consisting of hours expended multiplied by a reasonable hourly rate. Hensley, 461 U.S. at 438,103 S.Ct. at 1939. It is clear that the reasonable rate may be determined by looking to prevailing market rates in the relevant community. Blum v. Stenson, 465 U.S. 886, 895, 104 S.Ct. 1541, 1547, 79 L.Ed.2d 891 (1984); Cunningham v. City of Overland, 804 F.2d 1066, 1071 (8th Cir.1986).

Counsel for plaintiff contends $100 per hour is a reasonable market rate for the work he performed, offering only his own affidavit to support that conclusion. Defendant disputes the increase to $100 noting the lack of supplemental affidavits or documentation. Yet, defendant offers no evidence to undermine the reasonableness of the $100 request. See Blum, 465 U.S. at 891, 104 S.Ct. at 1545.

The Court concludes counsel’s request for a $100 per hour rate is most reasonable. The Court, after almost 17 years of practice and 3V2 years on the bench, is thoroughly acquainted with attorneys’ fees in the Twin Cities metropolitan area;, the $100 figure represents a most modest charge. Law firm associates, of ages similar to plaintiff’s counsel, having similar numbers of years of experience in Minneapolis or St. Paul certainly bill at, and well above, the $100 rate. The Court notes the hourly fee requested by plaintiff’s counsel is less than or equal to fees approved by the Supreme Court some three or five years ago in cases setting the standards for § 1988 awards. See City of Riverside v. Rivera, 477 U.S. 561, 565, 106 S.Ct. 2686, 2690, 91 L.Ed.2d 466 (1986) (rate of $125 approved); Blum, 465 U.S. at 890, 104 S.Ct. at 1544 (rates of $95 to $105 approved in 1985).

While the fact that counsel has not brought forth additional support for his demand is troubling, it is not fatal. Counsel admits he asks $80 per hour on a regular basis. He might have chosen to omit this fact, and simply stated that the fee for this action is $100 per hour. Instead, he has been forthcoming. The Court suggests that the reason defendant’s counsel has offered no affidavits in reply is that none would be available. High quality federal court trial practice at $100 per hour is a bargain. The Court does not discern, and there is no suggestion of, “excessive, redundant, or otherwise unnecessary” charges. Hensley, 461 U.S. at 434, 103 S.Ct. at 1939-40. There is no reason to disallow the suggested fee.

2. Enhancement Factors

The Supreme Court and Eighth Circuit have promulgated a number of guidelines aside from current market rates to determine a “reasonable fee” pursuant to § 1988. These principles strongly support counsel’s request for an additional $20 per hour in this matter.

A court must consider a series of time-honored intangible factors in considering an upward adjustment. Among them are the time and labor required, the novelty and difficulty of questions presented, the skills required to execute the legal services properly, any preclusion of alternate employment, the attorney’s customary fees, any time limitation imposed by the client or the circumstances, the amount involved and results obtained, the desirability of the case, and the nature and length of the professional relationship with the client. Hensley, 461 U.S. at 430 n. 3, 103 S.Ct. at 1937 n. 3 (citing with approval Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974)).

A court may also consider whether plaintiff has challenged an institutional practice or condition, 461 U.S.

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Bluebook (online)
708 F. Supp. 249, 1989 U.S. Dist. LEXIS 2838, 1989 WL 25969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-wood-mnd-1989.