Central Delaware Branch of the National Ass'n for the Advancement of Colored People (NAACP) v. City of Dover

123 F.R.D. 85, 1988 U.S. Dist. LEXIS 12831, 1988 WL 122251
CourtDistrict Court, D. Delaware
DecidedOctober 28, 1988
DocketCiv. A. No. 85-230-JLL
StatusPublished
Cited by11 cases

This text of 123 F.R.D. 85 (Central Delaware Branch of the National Ass'n for the Advancement of Colored People (NAACP) v. City of Dover) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central Delaware Branch of the National Ass'n for the Advancement of Colored People (NAACP) v. City of Dover, 123 F.R.D. 85, 1988 U.S. Dist. LEXIS 12831, 1988 WL 122251 (D. Del. 1988).

Opinion

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. BACKGROUND

In this action the Central Delaware Branch of the National Association for the Advancement of Colored People (NAACP) and Cecil C. Wilson (“plaintiffs”) challenged the at-large method of electing members to the City Council of the City of Dover, Delaware, as violative of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, as amended, and the Fourteenth Amendment. (Docket Item [“D.I.”] 1.) Named as defendants were the City of Dover (the “City”), the Dover City Council, Dover Mayor Crawford J. Carroll, and the Dover Election Commission.

Pursuant to a Consent Order approved by this Court on March 18, 1988 (D.I. 74), the parties agreed that the City would, inter alia, take steps to implement the following measures:

1. Expand the size of the City Council from eight to nine members (excluding the Mayor);
2. Elect eight of the nine City Council members (two from each of four election districts) by district voting rather than by at-large voting;
3. Draw new election districts such that one of the four election districts contains at least a 65% black population;
4. Eliminate the City’s dual registration system, so that proper registration by a voter for State elections will be given equal effect for purposes of City elections.

(D.I. 74 at 2-5.) Following the Court’s approval of the foregoing relief, plaintiffs moved for an award of attorneys’ fees and costs under 42 U.S.C. § 1988 (permitting awards of attorneys’ fees to the prevailing party in civil rights litigation generally) and § 1973/(e) (authorizing awards of attorneys’ fees to the prevailing party in voting rights cases).1 (D.I. 80.) This motion is now before the Court.

Plaintiffs seek $57,502.00 for attorneys’ fees incurred in pressing their voting rights claims. (D.I. 80, as amended to correct for computation errors, by D.I. 87 at 5.) Plaintiffs request additional attorneys’ fees of $4,125.00 for pursuing the instant fee application. (D.I. 89 at 32.) Plaintiffs also request $27,921.52 as reimbursement for out-of-pocket expenses incurred in prosecuting the underlying voting rights claim (D.I. 80 at 3), and another $981.00 in costs for the fee application (D.I. 89 at 32-33), for a total of $28,902.52.

A party’s recovery under the fee statutes is conditioned upon that party being a “prevailing party.” See 42 U.S.C. §§ 1973/ (e), 1988; Fed.R.Civ.P. 54(d). Defendants concede that the plaintiffs are prevailing parties in this action, by virtue of the relief plaintiffs obtained from the settlement and the corresponding Consent Order, (D.I. 84 at 6.) See also Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed. 2d 40 (1983); Maher v. Gagne, 448 U.S. [88]*88122, 129-30, 100 S.Ct. 2570, 2574-75, 65 L.Ed.2d 653 (1980); Hanrahan v. Hampton, 446 U.S. 754, 757-58, 100 S.Ct. 1987, 1989, 64 L.Ed.2d 670 (1980). Defendants challenge plaintiffs’ motion for fees and costs on the grounds that the amounts sought are excessive, unreasonable, duplicative and inadequately documented. (D.I. 84 at 2.) Defendants also question whether certain categories of expenses are recoverable at all (under case law and the local rules), and further argue that plaintiffs waived their claims for reimbursement of costs by failing to file for costs within ten days after execution of the March 18, 1988 Consent Order. (D.I. 84 at 3.) The Court will consider, in turn, plaintiffs’ requests for attorneys’ fees and for costs.

II. ATTORNEYS’ FEES

A. Introduction

Plaintiffs’ request for attorneys’ fees is grounded upon 42 U.S.C. § 1988 and § 1973Z (e). Section 1988 provides: “In any action or proceeding to enforce [various civil rights provisions], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” In a similar vein, § 19731 (e) provides: “In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of costs.” Courts have construed these two fee statutes similarly. See, e.g., H. Newberg, Attorney Fee Awards § 14.01, at 317 & n. 10 (1986). Both statutes vest discretion in the Court in setting fee awards.

Given plaintiffs’ status as prevailing parties, the process of determining the appropriate fee reduces to the following tasks: First, the Court must ascertain the number of hours reasonably expended on the litigation. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983). Next a reasonable hourly rate is computed. Id. The two figures are then multiplied together to yield an initial estimate of the value of a lawyer’s services (also known as the “lodestar”). Id. See also Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 563-65, 106 S.Ct. 3088, 3097-98, 92 L.Ed.2d 439 (1986); Blum v. Stenson, 465 U.S. 886, 897, 104 S.Ct. 1541, 1548, 79 L.Ed. 2d 891 (1984). Lastly, the Court may adjust the lodestar figure upward or downward as may be appropriate in the circumstances. Blum v. Stenson, 465 U.S. at 897, 104 S.Ct. at 1548; Hensley v. Eckerhart, 461 U.S. at 434, 103 S.Ct. at 1939.

The fee applicant bears the burden of proving the time/rate elements of a reasonable fee. Blum v. Stenson, 465 U.S. at 896 n. 11, 897, 104 S.Ct. at 1547 n. 11, 1548; Hensley v. Eckerhart, 461 U.S. at 437, 103 S.Ct. at 1941. The fee opponent, however, must present specific evidence challenging the reasonableness of the requested rates or the time expended. Blum v. Stenson, 461 U.S. at 892 n. 5, 104 S.Ct. at 1545 n. 5. It cannot rely upon conclusory denials of the applicant’s prima facie proofs.

In the instant case, plaintiffs request that the lodestar figure be calculated as follows:

Hours Requested Attorney Requested Hourly Rate Amount

In litigating the underlying voting rights claim:

Grover G. Hankins 3.45 $200.00 $ 690.00

Dennis Courtland Hayes 264.23 150.00 39,634.50

Michael H. Sussman 72.70 150.00 10,905.00

Audrey B. Little 17.15 150.00 2,572.50

Everald Thompson 8.00 150.00 1,200.00

Theopalis K.

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Bluebook (online)
123 F.R.D. 85, 1988 U.S. Dist. LEXIS 12831, 1988 WL 122251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-delaware-branch-of-the-national-assn-for-the-advancement-of-ded-1988.