Stanczyk v. City of New York

990 F. Supp. 2d 242, 2013 WL 3208073, 2013 U.S. Dist. LEXIS 88143
CourtDistrict Court, E.D. New York
DecidedJune 24, 2013
DocketCase No. 11-CV-0249 (FB)(RER)
StatusPublished
Cited by6 cases

This text of 990 F. Supp. 2d 242 (Stanczyk v. City of New York) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanczyk v. City of New York, 990 F. Supp. 2d 242, 2013 WL 3208073, 2013 U.S. Dist. LEXIS 88143 (E.D.N.Y. 2013).

Opinion

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

I

On March 21, 2013, the jury returned a verdict finding defendant police officers Shaun Grossweiler and Richard DeMartino (“defendants”) liable for the use of excessive force against plaintiff Anna Stanczyk during an altercation that began when they accused her of failing to clean up after her dog.1 The jury awarded Stanczyk $55,000 in compensatory damages and $2,000 in punitive damages against each defendant officer, for a total of $59,000. Plaintiff now moves for attorneys’ fees and costs under 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 54(d). Defendants have filed an application for costs pursuant to Federal Rule of Civil Procedure 68. As discussed below, both parties’ motions are granted, with plaintiffs fee award being significantly less than requested because of defendants’ Rule 68 offer of judgment, the questionable quality of her lead trial counsel’s representation, and the limited degree of success she achieved.

II

A. Rule 68 Offer of Judgment

Federal Rule of Civil Procedure 54(d) directs courts to award costs to “the prevailing party.” FED. R. CIV. P. 54(d). In a § 1983 action, these “costs” include attorneys’ fees. 42 U.S.C. § 1988 (“In any action or proceeding to enforce a provision of section! ] ... 1983 ... of this title, ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs----”); see also Orchano v. Advanced Recovery, Inc., 107 F.3d 94, 97 (2d Cir.1997) (“[A] plaintiff who has prevailed on a claim under § 1983 ‘should ordinarily recover an attorney’s fee.... ’” (citation omitted)). The jury’s verdict makes Stanczyk the “prevailing party” under Rule 54(d) and § 1988. However, Rule 68 precludes recovery by a prevailing plaintiff, such as Stanczyk, of costs incurred after an. offer of judgment is made if the judgment obtained is less than [246]*246the unaccepted offer. See Fed. R. Civ. P. 68(d); see also Townsend v. Benjamin Enters., 679 F.3d 41, 58 (2d Cir.2012) (“[A] prevailing plaintiff may not recover from the defendant attorney’s fees and costs accrued after [service of the] Offer of Judgment.”). In addition, Rule 68 requires that the plaintiff bear defendants’ costs, excluding attorneys’ fees, incurred after the offer date. See Fed. R. Crv. P. 68(d); see also Lyons v. Cunningham, 583 F.Supp. 1147, 1156 (S.D.N.Y.1983) (“Rule 68 clearly indicates that plaintiffs must pay defendants’ costs incurred after the offer of judgment.”); Hedru v. Metro-North Commuter R.R., 433 F.Supp.2d 358, 359-60 (S.D.N.Y.2006) (same); Boisson v. Banian Ltd., 221 F.R.D. 378, 382 (E.D.N.Y.2004) (refusing to award defendants post-offer attorneys’ fees). As the Supreme Court has recognized,“application of Rule 68[] requirefs] plaintiffs to ‘think very hard’ about whether continued litigation is worthwhile.... ” Marek v. Chesny, 473 U.S. 1, 9, 105 S.Ct. 3012, 87 L.Ed.2d 1 (1985).

On December 11, 2011, counsel for defendants served upon plaintiff the following Rule 68 Offer of Judgment (“the Offer”):

Pursuant to Rule 68 of the Federal Rules of Civil Procedure, defendant City of New York hereby offers to allow plaintiff Anna Stanczyk to take a judgment against it in this action for the total sum of One Hundred Fifty Thousand and One ($150,001.00) Dollars, plus reasonable attorneys’ fees, expenses and costs to the date of this offer for plaintiffs federal claims.
This judgment shall be in full satisfaction of all federal and state law claims or rights that plaintiff may have to damages, or any other form of relief, arising out of the alleged acts or omissions of defendants City of New York, Richard DeMartino, Shaun Grossweil[ ]er, or any official, employee, or agent, either past or present, of the City of New York, or any agency thereof in connection with the facts and circumstances that are the subject of this action....
This offer of judgment is made for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure and is not to be construed as an admission of liability by any defendants, or any official, employee or agent of the City of New York, or any agency thereof; nor is it an admission that plaintiff has suffered any damages.
Acceptance of this offer of judgment will act to release and discharge defendants the City of New York, Richard DeMartino and Shaun Grossweil[ ]er; their successors or assigns; and all past and present officials, employees, representatives and agents of the City of New York, or any agency thereof, from any and all claims that were or could have been alleged by plaintiff in the above-referenced action....

Shaffer Deck Ex. B [Rule 68 Offer of Judgment]. Stanczyk did not accept the Offer, and she does not dispute that it exceeded the judgment. She asserts, however, that Rule 68 does not bar her recovery of costs incurred after December 11, 2011 because the Offer applied only to the City of New York, and thus defendant officers remain liable for her post-Offer costs.

This argument is misplaced — the Offer clearly applied to all defendants. While it provided for judgment to be taken against the City, it required Stanczyk to “release and discharge defendants the City of New York, Richard DeMartino and Shaun Grossweil[ ]er ... from any and all claims that were or could have been alleged by [Stanczyk] in the [ ] action.” The Offer also stated that the judgment would [247]*247be in “full satisfaction of all federal and state law claims or rights that [Stanczyk] may have to damages ... arising out of the alleged acts or omissions of defendants City of New York, Richard DeMartino, [and] Shaun Grossweil[ ]er.” Furthermore, the Offer repeatedly referred to “defendants,” and was submitted by Corporation Counsel of New York bearing the signature: “Attorney for Defendants City, Richard DeMartino and Shaun Grossweil[]er.” Because there is no reasonable basis to conclude that the Offer pertained solely to the City, it prevents Stanczyk’s recovery of costs incurred after the Offer and requires that she pay defendants’ post-Offer costs. .

B. Plaintiffs Attorneys’ Fees and Other Costs

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
990 F. Supp. 2d 242, 2013 WL 3208073, 2013 U.S. Dist. LEXIS 88143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanczyk-v-city-of-new-york-nyed-2013.