Flaherty v. Marchand

284 F. Supp. 2d 1056, 2003 U.S. Dist. LEXIS 16383, 2003 WL 22169758
CourtDistrict Court, N.D. Illinois
DecidedSeptember 17, 2003
Docket00 C 0565
StatusPublished

This text of 284 F. Supp. 2d 1056 (Flaherty v. Marchand) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flaherty v. Marchand, 284 F. Supp. 2d 1056, 2003 U.S. Dist. LEXIS 16383, 2003 WL 22169758 (N.D. Ill. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Kathleen Flaherty (“Flaherty” or “Plaintiff’) brought this action against Defendants Cecil Marchand, Betty Bukra-ba, and Daniel Stralka, in their individual and official capacities as employees of the Office of the Circuit Court Clerk of Cook County, and against the Office of the Circuit Court Clerk of Cook County, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1871, 42 U.S.C § 1983, the Constitution of the United States, and Illinois state law, alleging sexual harassment and discrimination, hostile work environment, retaliation, violation of substantive due process, and intentional infliction of emotional distress. The Plaintiff later added the County of Cook as a party for the purposes of collection (Defendants collectively “Cook County” or “the County” or “Defendants”).

The Clerk of the Circuit Court employed Flaherty in different capacities in two separate locations between March 4,1997, and the time of her termination on July 7, 1999. Flaherty’s complaint stems from her assertion that during her term of employment at the County’s Records Center, Cecil Marchand, her supervisor, sexually harassed her. This harassment and her subsequent EEOC complaint provides the genesis for what Flaherty considered to be a series of retaliatory moves by the County, including transferring her out of the Records Center and ultimately terminating her.

Flaherty alleged six causes of action including: 1) a Title VII hostile work environment claim; 2) a Title VII quid pro quo sexual harassment claim; 3) a Title VII retaliation claim; 4) a § 1983 equal protection claim for gender discrimination; 5) a § 1983 charge of violation of substantive due process; and 6) a state law tort claim of intentional infliction of emotional distress. Flaherty sought compensatory, actual, and punitive damages.

Before trial, Defendants moved for summary judgment on certain counts. The Court withheld judgment and proceeded to trial on all claims. During trial, the Court granted Defendants’ motion for judgment as a matter of law dismissing Plaintiffs equal protection, due process, and intentional infliction of emotional distress claims at the close of Plaintiffs case. The case went to the jury for decision on three claims against the Clerk of the Circuit Court. The jury returned a verdict in Flaherty’s favor on her Title VII hostile work environment claim and rejected the two remaining Title VII charges of quid pro quo sexual harassment and retaliation. *1061 The jury awarded Flaherty $75,000 in lost wages and benefits, and $100,000 in compensatory damages against the Office of the Clerk of the Circuit Court of Cook County. The County of Cook was joined as a party defendant for the purpose of collection. The current matter comes before the Court on Flaherty’s petition for attorney’s fees, bill of costs, front pay and motion for prejudgment interest.

II. LEGAL ANALYSIS

Pursuant to 42 U.S.C. § 2000e-5(k) and 42 U.S.C. § 1988, Flaherty now petitions the court for an award of attorney’s fees and costs expended in litigation. Plaintiff requests $386,906.75 in attorney’s fees, $24,676.18 in costs and $130,000 in front pay. Defendants contest these charges on a number of theories. In addition, Plaintiff requests prejudgment interest on the $75,000 backpay award. The Court will discuss each in turn.

A. ATTORNEY’S FEES

Title VII provides that “[i]n any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee ... as part of the costs.... ” 42 U.S.C. § 2000e-5(k). The purpose of an award of attorney’s fees to the prevailing party in civil rights litigation is to protect the ability of those with civil rights grievances to obtain competent counsel and effectively access the judicial process. City of Riverside v. Rivera, 477 U.S. 561, 577-78, 106 S.Ct. 2686, 91 L.Ed.2d 466 (1986); Simpson v. Sheahan, 104 F.3d 998, 1002 (7th Cir.1997). A party prevails if she materially alters the legal relationship of the parties. Farrar v. Hobby, 506 U.S. 103, 111, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). Defendants do not dispute Plaintiffs status as a prevailing party.

The fees awarded must be reasonable, and a court must consider “ ‘the relationship between the extent of success and the amount of the fee award.’ ” Farrar, 506 U.S. at 115-16, 113 S.Ct. 566 (quoting Hensley v. Eckerhart, 461 U.S. 424, 438, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)). Justice O’Connor’s concurrence in Farrar v. Hobby, 506 U.S. at 121-22, 113 S.Ct. 566, suggests a three-part analysis for determining a reasonable fee which this Court has applied in other cases, see, for example, Koswenda v. Flossmoor School District No. 161, 227 F.Supp.2d 979, 990-95 (N.D.Ill.2002), and which the Seventh Circuit applies when the damage award is minimal in relation to the amount sought, see, for example, Simpson, 104 F.3d at 1001. The factors are as follows: 1) the difference between the amount recovered and the damages sought, 2) the significance of the legal issues on which the plaintiff has prevailed, and 3) the public purpose of the litigation. Farrar, 506 U.S. at 121-22, 113 S.Ct. 566 (O’Connor, J., concurring). The Seventh Circuit has further noted that the first factor is the most important and the second factor is the least important. Simpson, 104 F.3d at 1001.

In evaluating the rate of success in interrelated claims, time spent on unsuccessful claims is compensable if it contributes to the success of the winning claims. Hensley, 461 U.S. at 435, 103 S.Ct. 1933; Jaffee v. Redmond, 142 F.3d 409, 413 (7th Cir.1998). The Seventh Circuit has rejected a “mechanical claim chopping approach,” opting for one that focuses on the totality of the success, rather than the individual successes or failures of each claim. Jaffee, 142 F.3d at 414 (citing Lenard v. Argento, 808 F.2d 1242, 1245 (7th Cir.1987)).

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Related

Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Blum v. Stenson
465 U.S. 886 (Supreme Court, 1984)
City of Riverside v. Rivera
477 U.S. 561 (Supreme Court, 1986)
Farrar v. Hobby
506 U.S. 103 (Supreme Court, 1992)
Bennie Lenard v. Robert Argento and Joseph Sansone
808 F.2d 1242 (Seventh Circuit, 1987)
Jaffee v. Redmond
142 F.3d 409 (Seventh Circuit, 1998)
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175 F.3d 544 (Seventh Circuit, 1999)
Julie K. Hertzberg v. Sram Corporation
261 F.3d 651 (Seventh Circuit, 2001)
Denius v. Dunlap
330 F.3d 919 (Seventh Circuit, 2003)
People Who Care v. Rockford Board of Education
90 F.3d 1307 (Seventh Circuit, 1996)

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Bluebook (online)
284 F. Supp. 2d 1056, 2003 U.S. Dist. LEXIS 16383, 2003 WL 22169758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flaherty-v-marchand-ilnd-2003.