McGee v. Cole

115 F. Supp. 3d 765, 2015 U.S. Dist. LEXIS 92315, 2015 WL 4366161
CourtDistrict Court, S.D. West Virginia
DecidedJuly 16, 2015
DocketCivil Action No. 3:13-24068
StatusPublished
Cited by8 cases

This text of 115 F. Supp. 3d 765 (McGee v. Cole) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGee v. Cole, 115 F. Supp. 3d 765, 2015 U.S. Dist. LEXIS 92315, 2015 WL 4366161 (S.D.W. Va. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief Judge.

Plaintiffs have moved for attorneys’ fees and costs. Defendant Clerks and the State oppose the motion and the West Virginia Association of County Officials has moved to file an amicus brief in support of Defendant Clerks. For the reasons set forth below, Plaintiffs’ Motion for Attorneys’ Fees, Expenses, and Costs (ECF No. 145) is GRANTED IN PART and DENIED IN PART. Plaintiffs’ Motion for Extension of Time in Which to File Reply in Support of Motion for Attorneys’ Fees, Expenses, and Costs (152) is DENIED AS MOOT. The West Virginia Association of County Officials’ Motion for Leave to File Brief of Amicus Curiae (154) is GRANTED.

I. Background

Plaintiffs brought this action pursuant to Title 42, Section 1983 of the U.S.Code to challenge-West Virginia’s ban on same-sex marriage. Plaintiffs, three same-sex cou-[770]*770pies and a minor child, sued Karen S. Cole, in her official capacity as Cabell County Clerk, and Vera J. McCormick, in her official capacity as Kanawha County Clerk. County clerks are responsible for issuing marriage licenses in their respective counties and recording marriages that take place outside of West Virginia. They are responsible for ensuring that marriage licenses comply with state law, including, at the time this suit was filed, West Virginia’s ban on same-sex marriage.

The Plaintiff couples in this case 'each sought a marriage license from one of the clerks, and each was denied. Accordingly, they filed this suit seeking declaratory relief,' asking the Court to declare as unconstitutional West Virginia Code Sections 48-2-104, 48-2-401,-and 48-2-608, and all other sources of West Virginia law prohibiting same-sex marriage. Section 48-2-104 dictates the contents of a state marriage license,. Section 48-2-401 governs persons authorized to perform marriages, and Section 48-2-608 prohibits recognition of same-sex marriages executed' in other states. Plaintiffs also sought an injunction to prohibit Defendant Clerks from enforcing these laws. The State of West Virginia intervened in the case to defend the constitutionality of its laws.

Defendant Clerks and the State each filed a motion to dismiss. The Court denied the Clerks’ motions. The Court found that Plaintiffs did not have standing to challenge the non-recognition statute, and thus granted the State’s motion to dismiss. This resulted in dismissal of Plaintiffs’ claim challenging West Virginia Code Section 48-2-603. See ECF No. 56.

Plaintiffs filed a motion for summary judgment on their remaining claims. Defendant Clerks and the State then filed their own motions for summary judgment. The State also filed a second motion to dismiss. The Court stayed the case pending a decision from the U.S. Circuit Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, a case challenging Virginia's ban on same-sex marriage. After the Fourth Circuit held that Virginia’s ban was unconstitutional, the Court lifted the stay in the present case and granted Plaintiffs’ motion for summary judgment. The Court denied Defendants’ and the State’s motions for summary judgment, and denied the State’s motion to dismiss. The Court declared Sections 48-2-104 and 48-2-401 unconstitutional in so far as they prohibited same-sex marriage. The Court also enjoined Defendant Clerks from enforcing these statutes to the extent that they were declared unconstitutional. See ECF No. 139. " Thereafter, Plaintiffs moved for attorneys’ fees and costs.

II. Statement of the Law

Under the “American Rule,” parties generally bear their own fees and costs. Key Tronic Corp. v. United States, 511 U.S. 809, 815, 114 S.Ct. 1960, 128 L.Ed.2d 797 (1994). Congress has, however, carved out several exceptions to this rule through' fee-shifting statutes. One such statute is the Civil Rights Attorney’s Fees Award Act, • also known as Section 1988,- which provides that in a civil rights action brought under Section 1983, “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988(b) (2012). “[A] prevailing plaintiff ‘should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.’ ” Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (quoting S.Rep. No. 94-1011, at 4 (1976), 1976 U.S.C.C.A.N. 5908, 5912). Where the prevailing party seeks an attorneys’ fee “so outrageously excessive so as to shock the conscience of the court ... a complete denial of any fee award is justified.” Fair Housing Council 'of Greater [771]*771Washington v. Landow, 999 F.2d 92, 94 (4th Cir.1993). Barring these or other rare circumstances, attorneys’ fees should be granted to compensate the successful attorneys and “ ‘ensure effective access to the judicial process’ for persons with civil rights grievances.” Lefemine v. Wideman, 758 F.3d 551, 555 (4th Cir.2014) (quoting Hensley, 461 U.S. at 429, 103 S.Ct. 1933).

A. Calculation of Fee

To calculate a reasonable fee, the Court must follow a three-step process: First, the court must determine the lodestar figure by multiplying the number of reasonable hours expended times a reasonable rate. Second, the court must subtract fees for hours spent on unsuccessful, claims unrelated to successful ones. [Third], the court should award some percentage of the remaining amount, depending on the degree of success enjoyed by the plaintiff.

Jones v. Southpeak Interactive Corp. of Delaware, 777 F.3d 658, 675-76 (4th Cir.2015) (internal quotation marks and citations omitted).

Turning first to the lodestar cab culation, the Court must determine a reasonable number of hours spent on the . case and a reasonable rafe for each attorney involved. The party requesting attorneys’ fees bears the burden of producing evidence of the hours expended. Hensley, 461 U.S. at 433, 103 S.Ct. 1933. Where. the prevailing attorneys have failed to adequately document their hours, the Court may reduce the fee award. Id. Attorneys should use “billing judgment” when requesting fees. Id. at 434, 103 S.Ct. 1933. “[H]ours that are excessive, redundant, or otherwise unnecessary” should be excluded. Id.

Whether certain hours are reasonable is often highly dependent on the nature of the issues litigated. In some cases, attorneys may reasonably request fees for hours spent on public relations, including press conferences and media appearances. In, an employment discrimination action, for example, the U.S. Court of Appeals for the Ninth Circuit allowed fees for hours spent on public relations in an attempt to convince the defendants to negotiate a consent decree. Davis v. City & County of San Francisco, 976 F.2d 1536, 1545 (9th Cir.1992), vacated in part on other grounds, 984 F.2d 345 (1993).

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Cite This Page — Counsel Stack

Bluebook (online)
115 F. Supp. 3d 765, 2015 U.S. Dist. LEXIS 92315, 2015 WL 4366161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-cole-wvsd-2015.