Kelly v. Wengler

7 F. Supp. 3d 1069, 2014 U.S. Dist. LEXIS 44479, 2014 WL 1246064
CourtDistrict Court, D. Idaho
DecidedFebruary 20, 2014
DocketCase No. 1:11-CV-185-S-EJL
StatusPublished
Cited by5 cases

This text of 7 F. Supp. 3d 1069 (Kelly v. Wengler) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Wengler, 7 F. Supp. 3d 1069, 2014 U.S. Dist. LEXIS 44479, 2014 WL 1246064 (D. Idaho 2014).

Opinion

ORDER REGARDING ATTORNEYS’ FEES AND COSTS

DAVID O. CARTER, District Judge.

Before the Court are the Plaintiffs’ motions for attorneys’ fees and costs. See Dkts. 96,102. The Court finds this matter suitable for decision without oral argument. After considering the moving and responding papers, the Court GRANTS Plaintiffs’ motions.

I. Factual and Procedural Background

In April 2011, Plaintiffs filed a class action complaint for declaratory and in-junctive relief. Plaintiffs alleged that the level of violence at the Idaho Correctional Center (ICC) violated Plaintiffs’ and other inmates’ constitutional rights. See Amended Class Action Complaint (“Compl.”) (Dkt. 1). ICC is run by Corrections Corporation of America (“CCA”), a private corporation that contracted with the Idaho Department of Corrections (“IDOC”) to operate ICC. After extensive settlement talks and before class certification, the parties agreed to settle the case and signed a Settlement Agreement. See Settlement Agreement (Dkt. 25 Ex. A). One of the terms of the Settlement Agreement stated that CCA would “agree to comply with the staffing pattern pursuant to CCA’s contract with [IDOC].” Settlement Agreement ¶ 4. The Settlement Agreement set out a dispute resolution [1073]*1073procedure that included submission of disputes to this Court for resolution. See Settlement Agreement ¶ 15. The Settlement Agreement was set to expire two years from its date of signature, placing its initial termination date in September 2013. Id. ¶ 16. The Settlement Agreement also provided that, should this Court find a material breach of the Settlement Agreement, the Court may award attorneys’ fees and costs. Id. ¶ 23.

In December 2012, CCA discovered possible problems with the staffing at ICC. While investigating a harassment claim, CCA found evidence that mandatory posts in ICC were going vacant. See Pis’ Ex. 130. On January 23, 2013, the investigator on the harassment matter raised the issue with CCA’s assistant general counsel, Scott Craddock. Craddock determined the allegation of falsified staffing hours was credible, and informed IDOC and then-Warden Wengler. CCA hired a law firm to oversee the investigation. In March 2013, the law firm verified that falsifications had taken place. On April 9, 2013, CCA informed state police, the attorney general, and IDOC.

On April 11, 2013, IDOC and CCA each issued a press release about the investigation. CCA’s press release stated that the corporation had “concluded an extensive internal investigation of staffing records” and “determined that during a seven-month period last year there were some inaccuracies.” CCA Press Release, Pis’ Ex. 106. The press release further stated that CCA would compensate the state for any identified unverified staffing hours, and that “[t]he unverified hours represent a fraction of the total staffing requirements, and there was no apparent increase in violence or other security incidents during the period in question.” Id. IDOC’s press release, Pis’ Ex. 105, provided additional details. It noted that there were nearly 4,800 hours over seven months for which records indicated a correctional officer was staffing a security post that was actually vacant. IDOC announced that CCA acknowledged falsification of staffing records and that Idaho State Police would examine the findings and evidence to review whether a criminal investigation was justified.

In June 2013, Plaintiffs initiated contempt proceedings against CCA. See Motions (Dkts. 39-40). On July 16, 2013, CCA sent Plaintiffs an email offering a settlement with three provisions: 1) an extension of the Settlement Agreement until June 30, 2014; 2) a specific individual named in the offer would act as independent monitor to review ICC staffing for the remainder of the Settlement Agreement; and 3) payment of Plaintiffs’ reasonable attorneys’ fees and costs incurred in moving for contempt.

See Reply Ex. 1.

The Court granted expedited discovery and held a contempt hearing on August 7 and 8, 2013. On September 16, 2013, the Court issued a memorandum decision and order, 979 F.Supp.2d 1104, 2013 WL 5797310 (“Memorandum Decision”) (Dkt. 76) finding CCA in contempt, extending the Settlement Agreement for two years, setting a system for sanctions if compliance did not improve, and implementing compliance monitoring. The Court instructed the parties to agree to a monitor and directed Plaintiffs to submit a motion for attorneys’ fees and costs pursuant to the Settlement Agreement. Id. at 1117— 18, at *11.

II. Legal Standard

Plaintiffs state that they seek attorneys’ fees under the Settlement Agreement and 42 U.S.C. § 1988, but acknowledge that the Prison Litigation Reform Act (“PLRA”) limits fee awards under § 1988. [1074]*1074See Reply at 3. CCA agrees that the PLRA’s limits on attorneys’ fees apply, as stated in 42 U.S.C. § 1997e(d)(l). CCA does not appear to dispute that the normal framework under § 1988 governs this determination, as limited by the PLRA.

a. Attorneys’ Fees Under § 1988

Under 42 U.S.C. § 1988, the Court may, in its discretion, grant a reasonable attorneys’ fee as part of the costs to the prevailing party. 42 U.S.C. § 1988(b). The lodestar formula should be used to determine a reasonable figure for an award of attorneys’ fees. A lodestar figure is calculated by “multiplying the hours spent on a case by a reasonable hourly rate of compensation for each attorney involved.” Pennsylvania v. Del. Valley Citizens’ Council for Clean Air, 478 U.S. 546, 563, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986). “A ‘strong presumption’ exists that the lodestar figure represents a ‘reasonable’ fee, and upward adjustments of the lodestar are proper only in ‘rare’ and ‘exceptional’ cases.” Jordan v. Multnomah County, 815 F.2d 1258, 1262 (9th Cir.1987) (quoting Delaware Valley, 478 U.S. at 565, 106 S.Ct. 3088).

A plaintiff is considered a prevailing party if it succeeds on any significant issue in litigation that gives some benefit that plaintiff sought in bringing the suit. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). To satisfy this requirement, the suit must have produced a material alteration of the legal relationship between the parties. Buckhannon Bd. & Care Home, Inc. v. W. Virginia Dep’t of Health & Human Res., 532 U.S. 598, 604, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). This alteration may be the result of an enforceable judgment or comparable relief through a consent decree. Farrar v. Hobby, 506 U.S. 103, 111, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992).

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

Related

Picozzi v. Williams
D. Nevada, 2024
Deutsch v. Cook
E.D. California, 2023

Cite This Page — Counsel Stack

Bluebook (online)
7 F. Supp. 3d 1069, 2014 U.S. Dist. LEXIS 44479, 2014 WL 1246064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-wengler-idd-2014.