Hines v. City of Albany

613 F. App'x 52
CourtCourt of Appeals for the Second Circuit
DecidedJune 3, 2015
Docket14-2299-cv(L), 14-4045-cv (XAP)
StatusUnpublished
Cited by32 cases

This text of 613 F. App'x 52 (Hines v. City of Albany) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hines v. City of Albany, 613 F. App'x 52 (2d Cir. 2015).

Opinion

SUMMARY ORDER

Defendants-appellants-cross-appellees City of Albany, Albany Chief of Police James W. Tuffey, Albany Police Officer Brian Quinn, Albany Police Officer Jeff Roberts, and Albany Police Officer Michael Haggerty appeal from the June 5, 2014 order of the United States District Court for the Northern District of New York (Suddaby, J.) granting in part and denying in part Plaintiffs-appellees-cross-appellants’ motion for attorneys’ fees and costs pursuant to 42 U.S.C. § 1988. Plaintiffs-appellees-cross-appellants Constance Hines and Marshay Hines cross-appeal from the same order. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

As an initial matter, we affirm the district court’s conclusion as to prevailing party status. “[I]n order to be considered a prevailing party ... a plaintiff must not only achieve some material alteration of the legal relationship of the parties, but that change must also be judicially sanctioned.” Roberson v. Giuliani, 346 F.3d 75, 79 (2d Cir.2003) (internal quotation marks omitted). On appeal, Defendants only challenge the first prong of this analysis, contending that Plaintiffs are not prevailing parties because Marshay Hines did not succeed on her claim and Constance Hines only favorably settled a portion of her claims. However, “the prevailing party inquiry does not turn on the magnitude of the relief obtained.” Farrar v. Hobby, 506 U.S. 103, 114, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). Indeed, “[t]he question of whether a plaintiff is a ‘prevailing party’ within the meaning of the fee-shifting statutes is a threshold question that is separate from the question of the degree to which the plaintiff prevailed.” LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 757 (2d Cir.1998). “It is sufficient that the plaintiff succeeded on any significant issue in the litigation, regardless of the magnitude of the relief obtained.” Id. (internal quotation marks, alterations, and citations omitted). Here, Defendants concede that at least one of the Plaintiffs succeeded on at least a portion of her claims, with Constance Hines achieving a favorable settlement of her claim regarding the illegal seizure and retention of her vehicle. This *54 is a sufficient basis for prevailing party status.

We next address the parties’ respective challenges to the amount of attorneys’ fees awarded by the district court. “We afford a district court considerable discretion in determining what constitutes reasonable attorney’s fees in a given case, mindful of the court’s ‘superior understanding of the litigation and the desirability of avoiding frequent appellate review of what essentially are factual matters.’” Barfield v. N.Y.C. Health & Hosps. Corp., 537 F.3d 132, 151 (2d Cir.2008) (quoting Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)). “[T]rial courts need not, and indeed should not, become green-eyeshade accountants. The essential goal in shifting fees ... is to do rough justice, not to achieve auditing perfection.” Fox v. Vice, 563 U.S. 826, 131 S.Ct. 2205, 2216, 180 L.Ed.2d 45 (2011).

We first reject Defendants’ contention that Plaintiffs were not entitled to any fees because any relief received was de minimis. See Farrar, 506 U.S. at 115, 113 S.Ct. 566 (“When a plaintiff recovers only nominal damages because of his failure to prove an essential element of his claim for monetary relief, the only reasonable fee is usually no fee at all.” (internal citation omitted)). We are unpersuaded by Defendants’ attempts to characterize the $10,000 settlement in this case as meager. Moreover, the success here was hardly technical. See Millea v. Metro-North R.R. Co., 658 F.3d 154, 168 (2d Cir.2011) (“[W]here the plaintiff manages to prevail on a technicality in a mostly frivolous lawsuit, a court should award no attorneys’ fees to discourage such lawsuits.”). The district court granted summary judgment in favor of Constance Hines on the ultimately settled claim, and this decision was affirmed by this Court. See Hines v. Albany Police Dep’t, 520 Fed.Appx. 5, 8 (2d Cir.2013).

We similarly reject Plaintiffs’ challenge to the district court’s determination of the reasonable hourly rate for Plaintiffs’ counsel. “[Determination of a reasonable hourly rate ‘contemplates a case-specific inquiry into the prevailing market rates for counsel of similar experience and skill to the fee applicant’s counsel,’ an inquiry that may ‘include judicial notice of the rates awarded in prior cases and the court’s own familiarity with the rates prevailing in the district.’ ” Townsend v. Benjamin Enters., Inc., 679 F.3d 41, 59 (2d Cir.2012) (quoting Farbotko v. Clinton Cnty., 433 F.3d 204, 209 (2d Cir.2005)). Here, the district court acted well within its broad discretion in concluding that attorney Marcelle’s rate should not be higher than attorney Steck’s rate in light of the fact that attorney Steck had more years of experience.

In addition, we find no abuse of discretion in the district court’s determination of the reasonable hours expended during this case. When reviewing a fee application, a district court should “examine[] the particular hours expended by counsel with a view to the value of the work product of the specific expenditures to the client’s case,” and if it “concludes that any expenditure of time was unreasonable, it should exclude these hours” from the fee calculation. Luciano v. Olsten Corp., 109 F.3d 111, 116 (2d Cir.1997). Here, the district court reduced Plaintiffs’ attorneys’ claimed hourly total by 30% due to a variety of concerns regarding the billing entries of both attorney Marcelle and the attorneys from Cooper Erring & Savage. We have held that in dealing with items that are “excessive, redundant, or otherwise unnecessary, ..,. the [district] court has discretion simply to deduct a reasonable percentage of the number of hours *55 claimed as a practical means of trimming fat from a fee application.” Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 173 (2d Cir.1998) (internal quotation marks omitted).

Plaintiffs nevertheless contend that the district court abused its discretion in basing this 30% reduction, in part, on block-billing by attorneys from Cooper Erving & Savage. We have previously concluded that block-billing — the grouping of multiple tasks into a single billing entry — is not per se unreasonable. See Merck Eprova AG v. Gnosis S.p.A.,

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