Michael Banks v. City of Virginia Beach

CourtDistrict Court, E.D. Virginia
DecidedFebruary 23, 2026
Docket2:24-cv-00149
StatusUnknown

This text of Michael Banks v. City of Virginia Beach (Michael Banks v. City of Virginia Beach) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Banks v. City of Virginia Beach, (E.D. Va. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division MICHAEL BANKS, Plaintiff, v. CIVIL ACTION NO.: 2:24-cy-149 CITY OF VIRGINIA BEACH, Defendant. MEMORANDUM OPINION AND ORDER Before the Court is Michael Banks’s (“Plaintiff”) Motion for Attorneys’ Fees and Costs. ECF No. 97 (“P1.’s Mot.”). The City of Virginia Beach (“Defendant”) responded in opposition. ECF No. 109 (“Resp. Opp.”). Plaintiff replied. ECF No. 112 (“Reply”). After reviewing the parties’ filings, this matter is ripe for judicial determination. For the reasons below, Plaintiff's Motion for Attorneys’ Fees is GRANTED in part and DENIED in part. I. FACTUAL AND PROCEDURAL HISTORY On May 14, 2024, Plaintiff filed an Amended Complaint against Defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000¢e et seg. ECF No. 6. A four-day jury trial was conducted. ECF Nos. 65-68. On September 26, 2025, a jury returned a verdict finding Defendant retaliated against Plaintiff and awarded him $137,000 in damages. ECF Nos. 69, 77. On November 13, 2025, Plaintiff filed a Motion for Attorneys’ Fees pursuant to Federal Rule of Civil Procedure 54(d)(2), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988, and a Memorandum in Support of the Motion. ECF Nos. 97, 98. II. LEGAL STANDARD “Congress enacted the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988, authorizing the district courts to award a reasonable attorney’s fee to prevailing parties in civil

rights litigation.” Hensley v. Eckerhart, 461 U.S. 424, 429 (1983). “The purpose of § 1988 is to ensure ‘effective access to the judicial process’ for persons with civil rights grievances.” Id. A prevailing plaintiff should recover attorneys’ fees “unless special circumstances would render such an award unjust.” Jd. (internal quotation omitted). “A prevailing party must be one who has succeeded on any significant claim affording it some of the relief sought, either pendente lite or at the conclusion of the litigation.” Texas State Tchrs. Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 791 (1989). The United States Court of Appeals for the Fourth Circuit allows a “district court to deny a request for attorneys’ fees in its entirety when the amount of fees requested by the prevailing party is so outrageously excessive as to shock the conscience of the court.” Fair Hous. Council of Greater Washington v. Landow, 999 F.2d 92, 96 (4th Cir. 1993). Under 42 U.S.C. § 1988(b), the fee award must be reasonable. “Reasonableness is the touchstone of any award of attorneys’ fees and expenses.” SunTrust Mortg., Inc. v. AIG United Guar. Corp., 933 F. Supp. 2d 762, 769 (E.D. Va. 2013) (quoting □□□ DuPont de Nemours & Co. v. Kolon Indus., Inc., 2013 WL 458532, at *2 (E.D. Va. Feb. 6, 2013)). The fee applicant bears the burden of demonstrating the reasonableness of its fee request, Kenney v. A Touch of Patience Shared Hous., Inc., 779 F. Supp. 2d 516, 525 (E.D. Va. 2011), and “providing sufficient detail in [its] records to explain and support [its] requests for fees and costs.” Andrade v. Aerotek, Inc., 852 F. Supp. 2d 637, 645 (D. Md. 2012). Indeed, “the party who seeks payment must keep records in sufficient detail that a neutral judge can make a fair evaluation of the time expended, the nature and need for the service, and the reasonable fees to be allowed.” Hensley, 461 U.S. at 441 (Burger, C.J., concurring). To calculate an award for attorneys’ fees, the Court must determine a “lodestar fee.” Brodziak v. Runyon, 43 F.3d 194, 196 (4th Cir. 1998); Grissom v. The Miller Corp., 549 F.3d 313,

320-21 (4th Cir. 2008). The Supreme Court has stated there is a “strong presumption” that the lodestar figure represents a reasonable attorneys’ fee, which may be overcome only “in those rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered in determining a reasonable fee.” Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542, 553-54 (2010). The lodestar fee is calculated by multiplying the number of reasonable hours expended times a reasonable rate. /d. In determining the reasonable hours expended and a reasonable hourly rate, the Fourth Circuit held that the JoAnson factors must be applied. See Daly v. Hill, 790 F.2d 1071, 1077 (4th Cir. 1986). These factors include: (1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the skill requisite to properly perform the legal service; (4) the preclusion of other employment by the attorneys due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the “undesirability” of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases. Id. at 1075 n.2 (citing Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (Sth Cir. 1974)); see also Trimper v. City of Norfolk, Va., 846 F.Supp. 1295, 1303 (E.D. Va. 1994), □□□□□□ 58 F.3d 68 (4th Cir.1995) (“there is no strict manner in which the factors are to be considered and applied.”). In addition, district courts “should exclude from [the] initial fee calculation hours that were not ‘reasonably expended.’” Hensley, 461 U.S. at 434 (quoting S. Rep. No. 94-1011, at 6 (1976)). Further, “[hJours that are not properly billed to one’s client also are not properly billed to one’s

adversary pursuant to statutory authority.” Jd. at 434 (quoting Copeland v. Marshall, 641 F.2d 880, 891 (D.C. Cir. 1980)). The Fourth Circuit has held “[a] fee based upon reasonable rates and hours is presumed to be fully compensatory without producing a windfall.” Daly, 790 F.2d at 1078. Il. DISCUSSION Plaintiff seeks $78,085.00 in attorneys’ fees for 223.1 hours, and $2,427.55 in reasonable and necessary costs. Pl.’s Mot. He also seeks attorneys’ fees on behalf of his prior counsel in the amount of $29,393.00. fd. Defendant argues that the award of attorneys’ fees should be reduced on multiple bases. Resp. Opp. at 1. As a threshold matter, Defendant argued Plaintiff failed to provide sufficient evidence to establish Attorney Teague’s hourly rate. /d. at 2. The Court granted Plaintiff leave to file an affidavit from independent counsel regarding the reasonableness of his hourly rate.

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Bluebook (online)
Michael Banks v. City of Virginia Beach, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-banks-v-city-of-virginia-beach-vaed-2026.