Cocroft v. Smith

148 F. Supp. 3d 57, 2015 U.S. Dist. LEXIS 160310, 2015 WL 7720468
District Court, D. Massachusetts·Decided November 30, 2015·No. CIVIL ACTION NO. 10-40257-TSH·Published·Cited by 1 cases

Opinion

ORDER AND MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS

HILLMAN, DISTRICT JUDGE.

Background

Wakeelah A. Cocroft (“Cocroft” or “Plaintiff”) filed a federal civil rights claims against Worcester Policer Officer Jeremy Smith (“Smith” or “Defendant”) under 42 U.S.C. § 1983 for violation of her First and Fourth Amendment rights. Co-croft also filed Massachusetts state law claims against Smith for violation of the Massachusetts Civil Rights Act (“MCRA”), Mass.Gen.L. ch. 12, §§ 11-H-I and tort law claims for assault and battery and false arrest. After trial, the jury found that Officer Smith unlawfully seized Cocroft, but that he did not us'e excessive force against her or violate her First Amendment rights. Jury Verdict Form (Docket No. 112). As to her Massachusetts state law claims, the jury found that Officer Smith violated Co-eroft’s rights under the MCRA, but did not commit an assault and battery on her.1 The jury awarded Cocroft $15,000 in damages.

This Memorandum of Decision and Order addresses Plaintiffs Supplemental And Amended Motion For Award Of Attorney’s Fees and Costs (Docket No. 151)(“Amend-ed Motion”)2 pursuant to which Cocroft requests an award of attorneys’ fees in the amount of $254,765, and costs in the amount of $2,288.40, for a total award of $257,053.40. For the reasons set forth below, that motion is allowed, in part, and denied, in part. ■

Discussion

Legal Standard

Having prevailed on her Section 1983 false arrest - claim, Cocroft .-is ,,presumptively entitled to recover her reasonable attorneys’ fees, “unless special cir[60] cumstances would render such an award unjust.”. Torres-Rivera v. O’Neill-Cancel, 524 F.3d 331, 336 (1st Cir.2008). What constitutes a reasonable attorneys’ fee:

typically is determined through the lodestar method, which involves multiplying the number of hours productively spent by a reasonable hourly rate to calculate a base figure. In fashioning the lodestar, [the] court may adjust the hours claimed to eliminate time that was unreasonably, unnecessarily, or inefficiently devoted to the case. Subject to principles of interconnectedness, the court may disallow time spent in litigating failed claims. It also may adjust the lodestar itself, upwards or downwards, based on any of several different factors, including the results obtained and the time and labor actually required for the efficacious handling of the matter. Reasonableness in this context is largely a matter of informed judgment. There are, however, guideposts in the case law. For instance, a district court may deem an expenditure of time unreasonable if the reported hours are ’excessive, redundant, or otherwise unnecessary’. By like token, it may discount or disallow the total hours claimed if it determines that the time is insufficiently documented.

Id. (internal citations and citations to quoted case omitted). After passing on the reasonability of the time expended by the attorneys, the Court must determine the appropriateness of the rates charged. Id.

In determining an objectively reasonable award based on the work of Cocroft’s attorneys, the Court has reviewed the pretrial, trial and post-trial record of this case, including the affidavits and billing records submitted by Cocroft in support of her application for fees and costs. Considering these materials and the arguments of the parties, the Court will apply the lodestar method, making appropriate adjustments in light of the factors outlined by the First Circuit.

Whether the Time Spent And Fees Charged Were Appropriate

Cocroft’s attorneys provided able representation prior to, during, and through trial. Moreover, there is no question that, having received a favorable, albeit minimal, jury verdict on the false arrest claim, Cocroft’s counsel obtained at least a partial victory for their client. Therefore, she is entitled to an award of attorneys’ fees and costs. Cocroft’s legal team consisted of senior level attorneys, three of whom billed at the hourly rate of $350.00 and one of whom was billed at the hourly rate of 300.00, a junior level attorney billed at the rate of $175.00 per hour, and a legal intern billed at the rate of $100.00 per hour. The Court finds that, with one exception, the rates charged by Cocroft’s attorneys were reasonable considering the usual price charged for similar services in the area.3 The one exception is that Plaintiff has not satisfied the Court that charging $100.00 per hour (or any amount) for a law student’s time is reasonable. Therefore, the Court will deduct the $3,280.00 in attorneys’ fees attributable to “legal intern/paralegals.” Thus, the Court begins its analysis with a presumptive award of attorneys’ fees in the amount of $251,845 and total costs in the amount of $2,288.40.

While the rates charged by the practicing attorneys are reasonable, the Court is troubled by other aspects of the fee application. More specifically, this was not a complex litigation. On the contrary, it was a straightforward and simplistic civil rights action. The case involved a single plaintiff [61] and single defendant in a dispute that, by all accounts, lasted only several minutes. There was no Monell claim, no claim for punitive damages, little evidence which needed to be gathered and analyzed, no experts and, relative to similar cases, minimal legal wrangling before or during the trial. Nonetheless, as noted above, Co-croft’s legal team consisted of four senior level attorneys, one junior level attorney and a legal intern.4 The only contested legal issue which was not run of the mill was whether Cocroft’s arrest and conviction for resisting arrest barred her claim that her arrest in the first instance violated the First and/or Fourth Amendments (an issue which was resolved at summary judgment).

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Cocroft v. Smith, 148 F. Supp. 3d 57, 2015 U.S. Dist. LEXIS 160310, 2015 WL 7720468 (D. Mass. 2015).

148 F. Supp. 3d 57 (Cocroft v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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