Henderson v. Crimmins

147 F. Supp. 3d 780, 2015 U.S. Dist. LEXIS 160543, 2015 WL 7755987
CourtDistrict Court, N.D. Iowa
DecidedDecember 1, 2015
DocketNo. C 15-3130-MWB
StatusPublished
Cited by1 cases

This text of 147 F. Supp. 3d 780 (Henderson v. Crimmins) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. Crimmins, 147 F. Supp. 3d 780, 2015 U.S. Dist. LEXIS 160543, 2015 WL 7755987 (N.D. Iowa 2015).

Opinion

ORDER AND OPINION REGARDING PLAINTIFF’S MOTION FOR ATTORNEY FEES

MARK W. BENNETT, UNITED STATES DISTRICT COURT JUDGE, NORTHERN DISTRICT OF IOWA

Blind-side, v.: In sport, to attack or strike (an opponent) on the blind side. Chiefly fig., to take advantage of a weakness in (another), to take unawares.

Oxford English Dictionary Online (Sept. 2015).

TABLE OF CONTENTS

I. FACTUAL AND PROCEDURAL HISTORY. ..782

II. AUTHORITY FOR AND CALCULATION OF FEE AWARDS ...784

III. ARGUMENTS OF THE PARTIES...785

IV. LEGAL ANALYSIS...786

A. Are Hours Requested for Excessive Work?.. .787

B. Are Hours Requested for Unnecessary Work?... 789

C. Repeated Inflated Fee Requests .. .791

V. CONCLUSION... .792

The central question in this dispute, about the plaintiffs request for a total of $40,957.13 in attorney fees and non-taxable expenses pursuant to the Civil Rights Attorney Fees Award Act of 1976, 42 U.S.C. § 1988, is whether it is reasonable for an attorney to start churning billable hours under a fee-shifting statute, thereby blindsiding the defendants with substantial fees, before alerting the defendants of the dispute and incoming, suit, robbing the defendants of an opportunity to eliminate unnecessary fees by plaintiffs counsel. Does this type of blind-siding tactic fall outside the scope of reasonableness, and, if so, what effect does it have on the amount of attorney fees that should be awarded? Stated bluntly, on the facts of this case, would a reasonable fee-paying plaintiff really pay over' $40,000 in fees to an attorney who (1) performs over 100 hours of work before filing the lawsuit, and (2) then contacts the defense attorney for the other side and settles the case after a few phone calls and email exchanges in less than two days after being contacted? If the answer is no, then why should the defendants pay that amount in this case? Additionally, the relationship between a high hourly rate, warranted by seasoned attorneys, and how many hours they may reasonably bill for, is explored below.

I. .FACTUAL AND PROCEDURAL HISTORY

Beginning in 2013, Brian Henderson visited the campus of Iowa Central Community College (“ICCC”) with the intent to .share the message of his Christian faith with college-aged students. In his efforts to engage students in conversation, he would hand out Christian literature or offer one dollar prizes for answers to trivia questions. On February. 24, 2014, Henderson was told by a campus security guard that handing out money on campus was prohibited under ICCC’s anti-solicitation policy (“Policy 215”). Henderson disagreed with the campus security guard’s [783]*783interpretation of Policy 215 and returned to the ICCC campus to continue engaging students in the same manner. After the same security guard ejected him. again, for engaging in the allegedly prohibited behavior of solicitation, Henderson spoke ■with a school administrator, then the President of ICCC', then finally the Board of ICCC on June 10, 2014, in an attempt to show that Policy 215 was inapplicable to his behavior. At each meeting, the school officials reasserted that Policy 215 prohibited the behavior Henderson sought to engage in, namely handing out money and Christian literature. ICCC officials told Henderson that they consulted with the college’s attorney, who confirmed that Henderson’s speech was prohibited under the anti-solicitation policy. Believing that his constitutional rights were being violated, Henderson sought an attorney to sue the four school officials who refused'him the opportunity to engage in religious expression on the ICCC. campus. Henderson first' contacted his lead attorney, Nathan Kellum, on or about September 18, 2014. Henderson also employed Micah Schreurs, to serve as local counsel, and his assistant, Meg George. '

Kellum filed a Complaint (docket no. 2) on July 16, 2015, on hehalf of Henderson, asserting claims under the First and Fourteenth Amendments of the United States Constitution, pursuant to 42 U.S'.C. §§ 1983 and 1988. He filed a Motion for Preliminary Injunction (docket no, 6) on July 24, 2015. Kellum first identified and communicated with defense counsel on July 28, 2015, by emailing a copy of the Motion for Preliminary Injunction and Complaint to them. On July 30, 2015, the defendants acknowledged that they were willing to take action immediately, by replacing the college’s Policy 215 with another university policy that had been approved by the Eighth Circuit Gourt’-of Appeals in Bowman v. White under similar factual circumstances. 444 F.3d.967 (8th Cir.2006). Henderson’s Motion for Preliminary Injunction was resolved by a Consent Order (docket no. 8) on August 18, 2015, reflecting an agreement between the parties.

On October 12, 2015, Henderson filed a Motion for Attorney’s Fees and Non-taxable Expenses and a Declaration of Nathan W. Kellum in Support of Plaintiffs Motion for Attorney’s Fees and Non-taxable Expenses (“Kellum’s Decl.”), among other supporting documents. The defendants filed a Resistance to Plaintiffs Motion for Attorney’s Fees on October 20, 2015. Henderson filed a Reply in Support of Plaintiffs Motion for Attorney Fees and Non-taxable Expenses on October 27, 2015.

Henderson requests recovery for 2 hours of work by Micah Schreurs at an hourly rate of $210, 3.3 hours of work by Meg George at an hourly rate of $50, and non-taxable expenses of $157.13. Henderson also requests the recovery of attorney fees for Kellum’s 114.9 hours of work at an hourly rate of $350. This request includes 104.4 hours of for work performed by Kellum up to October 12, 2Ó15, and an additional 10.5 hours Kellum spent on the October 27, 2015, Reply to the Defendants’ Resistance to Plaintiffs Motion for Attorney’s Fees. Kellum notes that he actually worked 8.7 more hours than requested, but reduced his request in the exercise of billing judgment. Kellum’s Time and Fee Statement (docket no. 17-3) reports that he spent 38 hours preparing the Complaint and about 21 hours preparing a Brief in Support of a Motion for a Preliminary Injunction. Kellum began working on the Complaint on April 25, 2015, and claims he expended 66.4 hours before he attempted to identify defense counsel on July 24,2015,

Kellum claims to be a highly specialized First Amendment civil rights -lawyer. He [784]*784is “Chief Counsel with the Center for Reli-gioús Expression (CRE), a non-profit legal organization based in Memphis, Tennessee.” Kellum’s Decl. 1. He asserts that he practices “almost exclusively in the First Amendment and civil rights area, particularly, in the field of free speech. • Id. 'at 2. He declares to “practice regularly in federal court and have appeared in various jurisdictions in different parts of'the country, at both the district court and appellate court levels.” Id. 1-2. He also declares that he has “been lead counsel in many other § 1983 civil rights cases involving religious speech ...” Id. at 2.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
147 F. Supp. 3d 780, 2015 U.S. Dist. LEXIS 160543, 2015 WL 7755987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-crimmins-iand-2015.