Drumgold v. Callahan

806 F. Supp. 2d 428, 80 Fed. R. Serv. 3d 526, 2011 U.S. Dist. LEXIS 92521, 2011 WL 3648085
CourtDistrict Court, D. Massachusetts
DecidedAugust 18, 2011
DocketCivil Action No. 04-11193-NG
StatusPublished
Cited by6 cases

This text of 806 F. Supp. 2d 428 (Drumgold v. Callahan) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drumgold v. Callahan, 806 F. Supp. 2d 428, 80 Fed. R. Serv. 3d 526, 2011 U.S. Dist. LEXIS 92521, 2011 WL 3648085 (D. Mass. 2011).

Opinion

MEMORANDUM AND ORDER RE: ATTORNEYS’FEES AND COSTS

GERTNER, District Judge:

I. INTRODUCTION

The plaintiff, Shawn Drumgold (“Drum-gold”), moves for an award of attorney’s fees and costs against defendant Timothy Callahan (“Callahan”) after a successful trial in which the jury concluded that Callahan, through his conduct during criminal proceedings against Drumgold in 1989, violated the plaintiffs right to a fair trial. After serving fourteen years in prison for murder, Drumgold’s Motion for a New Trial was granted, and the government nolle prossed his case. In the instant case, brought pursuant to 42 U.S.C. § 1983, the jury determined that Callahan intentionally or recklessly withheld exculpatory evidence, that this evidence was material, and that its withholding was the legal cause of Drumgold’s conviction. It awarded $14,000,000.00 in damages to the plaintiff. On February 24, 2011, 2011 WL 761505, the Court entered a Separate and Final Judgment as to Defendant Callahan. The entry of Judgment was then followed by a series of post trial motions and a notice of appeal by Defendant Callahan, which motions have been denied in a Memorandum and Order Re: Post-Trial Motions (document # 457), issued this day.

As the prevailing party in his claim against Callahan, the plaintiff now seeks attorneys’ fees and costs, pursuant to 42 U.S.C. § 1988(b) (the Civil Rights Attorney’s Fees Award Act of 1976), 42 U.S.C. § 1983, and Fed.R.Civ.P. 54(d).

[430]*430II. BACKGROUND1

On August 29, 1988, Drumgold was charged with the murder of Tiffany Moore, a 12 year old girl killed ten days earlier in the midst of gang warfare in Boston. Callahan, a detective for the Boston Police Department, was assigned to investigate the case. Prior to Drumgold’s trial, which began in September of 1989, Callahan worked to secure the testimony of Ricky Evans (“Evans”), a young homeless man who had been the victim of another shooting also under investigation by Callahan. During this time, Callahan provided Evans with meals, cash, and a room at a local Howard Johnson’s hotel, which according to Evans included an open expense account. Evans, in turn, offered crucial testimony that implicated Drumgold in Moore’s murder; an account of the events of August 29th that placed Drumgold and his codefendant, Terrance Taylor (“Taylor”), carrying guns, near the scene of the crime. After he was found guilty of first-degree murder by a jury on October 13, 1989, Drumgold received a sentence of life in prison without parole.

Fourteen years after Drumgold began his sentence, his attorneys interviewed several witnesses who recanted their testimony, including Evans. During a contested 2003 hearing on Drumgold’s Motion for a New Trial, Evans testified that Callahan gave him information about the crime and about Drumgold, including descriptions of Drumgold’s clothing and car, information which he could not have otherwise known. He also disclosed that Callahan had provided him with meals and lodging in the months preceding the trial. None of this information had been provided to Drum-gold’s defense counsel. Based on all of the evidence (including the disclosures about Evans), the Court granted Drumgold’s motion for a new trial; Drumgold was released and shortly thereafter, the government nolle pressed the charges.

Drumgold filed the present suit against Callahan, as well as Police Commissioner Micky Roach (“Roach”), officers Paul Murphy (“Murphy”) and Richard Walsh (“Walsh”), and the City of Boston (the “City”) on June 3, 2004, for violations of his state and federal constitutional rights pursuant to 42 U.S.C. § 1983 and Mass. Gen. Laws ch. 12, § 111. He claimed that Callahan and Walsh deliberately withheld exculpatory evidence and manipulated witnesses, and that the City and the Boston Police Department facilitated the officers’ misconduct through their failure to adequately investigate and discipline such behavior.

During fall of 2008, the case against the individual defendants was tried for the first time. The jury ruled in favor of the defendants on all claims except one, the allegation that Callahan had given Evans a “substantial amount” of money without disclosing this fact to the prosecution. In the second phase of the trial which aimed to assess damages against Callahan, the jury was unable to reach a verdict. The case was re-tried in October of 2009, but only against Callahan and only with respect to the Evans’ issues, resulting in a verdict in favor of the plaintiff. The jury ultimately found Callahan liable for recklessly or deliberately withholding evidence that he had provided Evans with housing and meals prior to Drumgold’s trial, and determined that his failure to reveal this evidence was the legal cause of Drumgold’s conviction. As the prevailing party in his claim against Callahan, the plaintiff now seeks an award [431]*431of attorneys’ fees and costs to compensate members of his counsel for their work during both trials.

III. DISCUSSION

The Court has discretion to award reasonable attorney’s fees in a civil rights case. Lewis v. Kendrick, 944 F.2d 949, 954 (1st Cir.1991). “The fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Here, the plaintiff requests a sum of $2,305,585.00 for legal fees, plus $100,399.18 for costs and expenses paid out-of-pocket by members of counsel over the course of both trials. PI. Mot. Attorney Fees and Costs (document #441). The defendant challenges the fees on the grounds that they are untimely, excessive, based on time records lacking the required degree of specificity and details, and include more than the single successful claim. As described below, I award $1,613,846.50 in reasonable attorneys’ fees and $51,631.93 in costs.

A. Hourly Rates
1. The Lodestar Figure

The First Circuit uses the lodestar method to evaluate whether the requested fee is reasonable. GrendeVs Den, Inc. v. Larkin, 749 F.2d 945, 950 (1st Cir.1984). The Court calculates fees by multiplying the number of hours productively spent on litigation by a reasonable hourly rate, as determined by prevailing market rates in light of an attorney’s skill and experience. Torres-Rivera v. O’Neill-Cancel, 524 F.3d 331, 336 (1st Cir.2008).

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Bluebook (online)
806 F. Supp. 2d 428, 80 Fed. R. Serv. 3d 526, 2011 U.S. Dist. LEXIS 92521, 2011 WL 3648085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drumgold-v-callahan-mad-2011.