Jean-Louis v. City of N.Y.

342 F. Supp. 3d 436
CourtDistrict Court, S.D. Illinois
DecidedOctober 25, 2018
Docket16 cv 5275 (PKC)
StatusPublished
Cited by5 cases

This text of 342 F. Supp. 3d 436 (Jean-Louis v. City of N.Y.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jean-Louis v. City of N.Y., 342 F. Supp. 3d 436 (S.D. Ill. 2018).

Opinion

P. Kevin Castel, United States District Judge

This is a motion for an award of attorney's fees in a civil rights action brought under sections 1983 and 1988 of title 42 arising out of an incident at a New York City (the "City") correctional facility at Rikers Island in which MK-9, a type of pepper spray, was deployed. Among other considerations, the Court will be required to construe the provisions of the Prison Litigation Reform Act of 1995 ("PLRA") that on its face limit attorney's fees awards in an action brought by a prisoner. 42 U.S.C. § 1997e(d)(2).

The use of force incident occurred on May 20, 2015, in a unit placed on lockdown because an inmate was believed to be in possession of contraband in the form of a cell phone. The sole plaintiff in the action as originally filed, Colson Jean-Louis, alleged that fifteen John or Jane Doe defendants, members of an Emergency Security Unit, "sprayed [Jean-Louis] with MK-9 just as they had indiscriminately sprayed other inmates, kicked and stomped him, and dragged him to the hallway outside his cell." (Compl. ¶ 25.) Jean-Louis, the single plaintiff, was not a prisoner at the time the action was filed and was represented by Ryan Lozar, Esq., who maintains a solo law practice.

One month and nineteen days after the action was commenced, Lozar attempted to amend the complaint to add eighteen additional plaintiffs and name ten correctional officers as defendants.1 At or about this time Ilissa Brownstein, Esq. entered a notice of appearance for all plaintiffs. (Doc. 9.) Lozar, in his declaration in support of the attorney's fees application, states that the additional eighteen plaintiffs had been represented by Brownstein and had filed notices of claims with the City. (Declaration of Ryan Lozar ("Lozar Decl.") ¶ 32.) Brownstein endeavored to negotiate a pre-litigation settlement with the City but was unsuccessful. (Id. ¶ 33.) Lozar agreed to file an amended complaint with the eighteen additional plaintiffs added. (Id. ¶ 34.) Details were included in the amended pleading concerning the physical injuries experienced by each plaintiff (First Am. Compl. ¶ 49 (Doc. 8) ), and the actions of particular defendants. (E.g., id. ¶¶ 57-62.)

At a pretrial conference, a case management plan was proposed by the parties and adopted by the Court setting a discovery *441schedule ending August 18, 2017. (Doc. 41.) Fact discovery was set to close in August 2017. The parties wrote for an extension until December 22, 2017, which the Court granted. (Doc. 47.) The joint letter motion for extension of discovery stated that

each one of the nineteen plaintiffs had significant medical records which needed to be collected before they could be meaningfully questioned about the incident at deposition. Although the parties have exchanged significant document discovery, additional time is needed to complete depositions of the nineteen plaintiffs and the eight individually-named defendants. Moreover, because many of the plaintiffs are currently in the custody of New York State and are located at a number of different facilities, the parties require additional time to coordinate the scheduling of plaintiffs' depositions with each facility.

(Doc. 46.) (footnote omitted) On August 10, 2017, Juliene Drei Munar, Esq., whose office is located in the same building as Lozar's, entered a notice of appearance for all plaintiffs. (Doc. 45.)

In or about November 2017, defendants made a Rule 68, Fed. R. Civ. P., offer of judgment to each plaintiff in the amount of $1,001.00 "plus reasonable attorneys' fees, expenses, and costs to the date of this offer for plaintiff's federal claims." (E.g., Doc. 61-1.) From January 12, 2018 through January 16, 2018, each of the nineteen plaintiffs accepted the offers.

The parties remain unable to agree on the amount of the attorney's fees and costs and plaintiffs have moved for an award.

DISCUSSION

A Court may award reasonable attorney's fees to a prevailing party in an action brought under section 1983. 42 U.S.C. § 1988(b). To qualify as a prevailing party, the party must have obtained "at least some relief on the merits of his claim." Farrar v. Hobby, 506 U.S. 103, 110, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992) (quoting Hewitt v. Helms, 482 U.S. 755, 760, 107 S.Ct. 2672, 96 L.Ed.2d 654 (1987) ); see Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep't of Health and Human Res., 532 U.S. 598, 603-04, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). Here, each of the nineteen plaintiffs is a prevailing party because they received monetary relief on their claims. The offers of judgment made plain that they were offered on all, not less than all, of each plaintiff's claims, although attorney's fees, under the terms of the offer, were limited to federal claims. (E.g., Doc. 61-1.)

In deciding how much to award the Court must consider whether the plaintiff achieved a "level of success that makes the hours reasonably expended a satisfactory basis for making a fee award[.]" Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). The Court must also determine an appropriate allocation between fees on the federal claim, where the statute allows an award of attorney's fees, and the state claims that do not. Additionally, it must decide whether and to what extent the statutory cap under the PLRA limits the award to certain plaintiffs. 42 U.S.C. § 1997e

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Bluebook (online)
342 F. Supp. 3d 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-louis-v-city-of-ny-ilsd-2018.