Harris v. Marhoefer

24 F.3d 16, 1994 WL 178374
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 12, 1994
DocketNos. 92-56182, 92-56282
StatusPublished
Cited by217 cases

This text of 24 F.3d 16 (Harris v. Marhoefer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Marhoefer, 24 F.3d 16, 1994 WL 178374 (9th Cir. 1994).

Opinion

Opinion by Senior Circuit Judge BRIGHT.

BRIGHT, Senior Circuit Judge:

Bryan Keith Harris sought $5 million under 42 U.S.C. § 1983 in damages from six defendants (law enforcement officers and the county employing them) for violation of his constitutional rights arising from an alleged beating Harris sustained following a traffic stop. Harris obtained a $25,000.00 judgment against one defendant, Brian Alvarez, a deputy sheriff. Harris then sought attorney’s fees. The district court awarded attorney’s fees after reducing the number of hours submitted for duplicative hours and reducing the lodestar figure by 50% for lack of success. The district court awarded costs as requested by Harris.

On appeal, Harris challenges as an abuse of discretion the district court’s reduction of the attorney’s fees award for lack of success, as well as the court’s failure to award attorney’s fees for the work done in furtherance of fees under 42 U.S.C. § 1988. Alvarez cross-appeals from the district court’s judgment, contending that the court abused its discretion in awarding costs in their entirety. Both Alvarez and Harris seek attorney’s fees on appeal as “the prevailing party.” We affirm with directions.

I. BACKGROUND

Harris’ § 1983 action, brought on November 16, 1989, named as defendants the County of San Bernardino, County Deputy Sheriff John Marhoefer and ten unnamed deputy sheriffs. Ultimately the case went to trial against five individual deputies and the County. Harris sought damages totalling $5 million.

At trial, Harris presented evidence that on March 19, 1989, he had been the victim of excessive force following the stop of a vehicle in which he was a passenger. Harris alleged that after sheriff deputies arrested the driver for driving under the influence, Harris sought permission to take the car to avoid it being impounded. According to Harris, Deputy Marhoefer initiated the beating after Harris asked the deputy for his name and badge number upon repeatedly being denied permission to take the car. Marhoefer claimed that he exerted physical force in effecting Harris’ arrest for public drunkenness and interfering with an investigation when Harris resisted being taken into custody.

Harris’ claim for damages included evidence of bruises and testimony from his physician, Dr. Gerald S. Friedman, that the failure of Harris’ kidney, transplanted on August 17, 1988, resulted from the infliction of excessive force. According to Dr. Friedman, a bruise to Harris’ shoulder sustained during the altercation caused the release of myoglo-bin resulting in the kidney failure. Dr. Friedman also testified that prior problems with the transplant were overcome by the time Harris sustained the injuries.

The district court dismissed Harris’ Mo-nell1 claim against the County on July 11, 1991. Following a bifurcated trial, the jury returned a verdict on July 16 in favor of four of the deputy sheriffs and against Deputy Alvarez on the issue of liability, finding that Alvarez used “more force than was reasonably necessary to effect plaintiffs arrest.” Appellant’s Excerpts of Record at 66. The jury then returned a partial verdict as to causation, finding that Alvarez caused damage to Harris, but deadlocked as to the [18]*18amount of damages. Following a mistrial on that issue, a second jury awarded Harris damages totalling $25,000.00. Judgment on the verdict was entered July 20, 1992.

Harris thereafter sought attorney’s fees and costs totalling $120,819.40, based on the following:

367.75 attorney hours @ $275.00/hour — $101,131.25

141.25 paralegal hours @ $45.00/hour = $6,491.25

out-of-pocket expenses = $6,115.65

25.75 attorney hours on fee motion @ $275/hr = $7,081.25

total award sought =$120,819.40

Harris filed his Bill of Costs with the district court on August 10, 1992. The district court, while awarding Harris attorney’s fees pursuant to § 1988, granted a reduced award in its “Order on Attorneys’ Fees and Costs,” entered September 24, 1992:

325.00 hours @ $200.00/hour = $65,000.00 x .50 = $32,500.00

115.00 hours @ $45.00/hour = $5,175.00

time on fee motion = $0.00

total award granted = $43,790.65 2

II. DISCUSSION

A. Harris’ Appeal

Harris does not challenge the district court’s exercise of discretion in reducing the number of attorney hours reasonably spent on the case. Harris, however, contends that the district court erroneously reduced the lodestar figure for attorney’s fees by 50% for lack of success on the ground that Harris failed to obtain the specific dollar amount sought or that the jury did not believe that plaintiffs injuries were as serious as alleged. Harris contends that because he prevailed on the merits by establishing every element of a constitutional violation and then proved substantial damages, the district court engaged in improper considerations.

“District court awards of attorney’s fees under section 1988 are reviewed for abuse of discretion.” Corder v. Gates, 947 F.2d 374, 377 (9th Cir.1991) (citing Hensley v. Ecker-hart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983)). We will overturn an award of attorney’s fees only “if it is based on an inaccurate view of the law or a clearly erroneous finding of fact.” Corder, 947 F.2d at 377.

Fee awards pursuant to § 1988 must be reasonable, both as to the number of hours spent in advancing the successful claim(s) and the billing rate per hour. Calculating the lodestar figure is the starting point for determining a reasonable fee. Gates v. Deukmejian, 987 F.2d 1392, 1397 (9th Cir. 1992). Only in rare instances should the lodestar figure be adjusted on the basis of other considerations. Cabrales v. County of Los Angeles, 864 F.2d 1454, 1464 (9th Cir. 1988), judgment vacated on other grounds, 490 U.S. 1087, 109 S.Ct. 2425, 104 L.Ed.2d 982 (1989), previous decision reinstated, 886 F.2d 235 (9th Cir.1989), cert. denied, 494 U.S. 1091, 110 S.Ct. 1838, 108 L.Ed.2d 966 (1990).

Here, although the lodestar figure presumptively provides the accurate measure of reasonable fees, see Cunningham v. County of Los Angeles, 879 F.2d 481, 484 (9th Cir.1988), cert. denied, 493 U.S. 1035, 110 S.Ct.

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24 F.3d 16, 1994 WL 178374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-marhoefer-ca9-1994.