Jaffee ex rel. Allen v. Redmond

142 F.3d 409
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 20, 1998
DocketNo. 97-2447
StatusPublished
Cited by1 cases

This text of 142 F.3d 409 (Jaffee ex rel. Allen v. Redmond) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaffee ex rel. Allen v. Redmond, 142 F.3d 409 (7th Cir. 1998).

Opinion

FLAUM, Circuit Judge.

This is a sequel to our opinion in Jaffee v. Redmond, 51 F.3d 1346 (7th Cir.1995)(Jaffee I). In Jaffee I we overturned a jury’s verdict in favor of the plaintiff on her constitutional and Illinois Wrongful Death Act claims. See [411]*411id. at 1357-58. We held that the district court had erroneously permitted the plaintiff to introduce evidence of communications between the individual defendant and a social worker in support of her constitutional claim; the Supreme Court affirmed our decision and resolved a split among the circuits by recognizing a federal evidentiary privilege for confidential communications between licensed psychotherapists and their patients. See Jaffee v. Redmond, 518 U.S. 1, 15-17, 116 S.Ct. 1923, 1931, 135 L.Ed.2d 337 (1996). Following remand the ease was again tried to a jury, which found for the plaintiff on her constitutional claim and awarded her money damages under 42 U.S.C. § 1983.

In considering Jaffee’s petition for attorney’s fees under 42 U.S.C. § 1988, the district court found that it was reasonable for Jaffee to have argued against the evidentiary privilege at her first trial, which at the time was a question of first impression in this Circuit. The court concluded, however, that it would not award Jaffee the fees that she had incurred by arguing the privilege question in this Court and in the Supreme Court, for this argument did not “contribute to” her ultimate success. The court also denied Jaf-fee all fees incurred for the second trial because the retrial was necessitated by her ultimately incorrect argument against the privilege at the first trial. Jaffee challenges the district court’s denial of fees and associated costs. We reverse and remand.

I. Background

The underlying facts of this ease are set out fully in Jaffee I. See 51 F.3d at 1348-52. We discuss them here only to the extent that they are relevant to the issues presented by this appeal. Carrie Jaffee is the administrator of the estate of her son, Ricky Allen, Sr. Appellee Marylu Redmond shot and killed Allen while she was on patrol as a police officer for the Village of Hoffman Estates. Jaffee brought suit in federal court on behalf of her son’s estate, alleging that Redmond had violated Allen’s constitutional rights and seeking damages under both § 1983 and the Illinois Wrongful Death Act.

In the course of pretrial discovery Jaffee learned that, following the shooting, Redmond had participated in counseling sessions with a licensed clinical social worker; Jaffee sought access to the social worker’s notes for use at trial in support of her § 1983 claim. The defendants resisted discovery of the notes, arguing that Redmond’s conversations with the social worker were protected against involuntary disclosure by a federal psychotherapist-patient privilege. This Circuit had not addressed the issue in any prior eases, and Judge Milton Shadur, presiding over the first trial, refused to recognize such a privilege. Despite the district court’s order to disclose the notes, the defendants refused to comply. At the close of trial, the district court told the jury that the defendants had no legal justification for refusing to turn over the notes and instructed the jury that it could presume that the notes’ contents were not favorable to the defendants. The jury awarded Jaffee $45,000 on her federal claim and $500,000 on her state-law claim. See id. at 1350-52.

The defendants raised two arguments on appeal. We rejected their first argument, which claimed that the district court erred in instructing the jury on the use of deadly force by a police officer. See id. at 1352-54. However, we found merit in their second argument, holding that the district court erred in not recognizing a privilege under Rule 501 of the Federal Rules of Evidence for confidential communications between a licensed psychotherapist and a patient. See id. at 1354 — 58. In recognizing the psychotherapist-patient privilege, we joined the position already adopted by two circuits and opposed by four others. Because the district court’s erroneous instructions to the jury regarding the privilege issue prejudiced the defendants, we reversed the district court’s judgment and remanded the case for a new trial. Hoping to resurrect her favorable jury verdict, Jaffee petitioned the Supreme Court for certiorari. The Court granted the petition, see 516 U.S. 930, 116 S.Ct. 334 (1995), and following oral argument, the Court affirmed our holding in favor of the privilege. See 518 U.S. at 17-19, 116 S.Ct. at 1932.

The case was then remanded for a new trial before Judge Harry Leinenweber. At the second trial, Jaffee sought $100,000 in [412]*412damages on her § 1983 claim and $2,000,000 in damages on her state-law wrongful death claim. Jaffee again prevailed on her civil rights claim; the jury awarded her the full $100,000. Unlike in the first trial, however, the jury this time found for the defendants on Jaffee’s state-law claim.

Jaffee petitioned the district court for attorney’s fees and expenses as a prevailing party under 42 U.S.C. § 1988. The total amount requested was $911,928.47 — the sum of the fees and costs incurred for the first trial, the original appeal in this Court, the proceedings in the Supreme Court, the second trial, and the preparation of the fee petition in the district court. Responding to the defendants’ motion that the fees and costs incurred in arguing the privilege issue should not be awarded, Judge Leinenweber found that “it was certainly reasonable for plaintiffs to pursue the privilege issue.” After all, this Circuit had not yet resolved the issue and the circuits that had addressed it were divided. The court therefore found it appropriate to award fees to Jaffee for the time spent arguing against the privilege at the first trial. This brought the total awarded to Jaffee for the first trial to $272,259 in fees and $18,973 in costs.

Judge Leinenweber took a different view of Jaffee’s request for fees incurred in arguing the privilege issue on appeal. Noting that the defendants ultimately prevailed on the issue, the court reasoned that “[t]he privilege battles ... did not assist plaintiffs in their ultimate victory” at the second trial. Because “plaintiffs’ argument against a privilege' did not contribute at all to their success”, the court denied Jaffee the fees incurred in arguing against the privilege both in this Court and in the Supreme Court. The court therefore awarded Jaffee one-half of the fees and expenses incurred in Jaffee I; this compensated her for the time spent on the deadly force jury instruction issue, which was the defendants’ other argument raised in Jaffee I. This amounted to $42,942.64 in fees and $257.64 in costs. Furthermore, because only the psychotherapist privilege issue was before the Supreme Court, Judge Leinenwe-ber did not award any fees related to the Supreme Court proceedings.

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Related

Jaffee v. Redmond
142 F.3d 409 (Seventh Circuit, 1998)

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142 F.3d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffee-ex-rel-allen-v-redmond-ca7-1998.