Sugarman v. Village of Chester

213 F. Supp. 2d 304, 2002 U.S. Dist. LEXIS 14479, 2002 WL 1777714
District Court, S.D. New York·Decided July 15, 2002·No. 01 Civ. 8667(WCC)·Published·Cited by 5 cases

Opinion

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

On September 25, 2001, plaintiff Risa Sugarman brought this action under 42 U.S.C. § 1983, alleging that various municipal ordinances regulating the posting of political signs violated the First Amendment. On April 5, 2002 this Court issued an Opinion and Order granting summary judgment in favor of plaintiff against defendants Village of Goshen, Town of Hamptonburgh, Town of New Windsor (“New Windsor”), Town of Walkill, Village of Warwick, City of Middletown, Village of Chester and Town of Greenwood Lake (“Greenwood Lake”). See Sugarman v. Village of Chester, 192 F.Supp.2d 282 (S.D.N.Y.2002) (Conner, J.). Plaintiff now moves for an award of reasonable attorneys’ fees and costs in the amount of $7,019.30 against Greenwood Lake and $9,059.30 against New Windsor pursuant to 42 U.S.C. § 1988. For the reasons stated hereinafter, plaintiff is awarded fees and expenses of $6,218.26 against Greenwood Lake and $8,258.26 against New Windsor.

DISCUSSION

Familiarity with the facts of this case as set forth in this Court’s prior Opinion and Order is presumed. The Civil Rights Attorney’s Fees Awards Act of 1976 authorizes district courts to award reasonable attorneys’ fees to prevailing parties in civil rights litigations. See 42 U.S.C. § 1988. The Supreme Court has stated that the prevailing party should recover attorneys’ fees “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) (citations omitted). Although a district court traditionally has wide discretion in deciding whether to award fees, “this *308 discretion is narrowed by a presumption that successful civil rights litigants should ordinarily recover attorneys’ fees.” Raishevich v. Foster, 247 F.3d 337, 344 (2d Cir.2001).

I. Prevailing Party

Prior to calculating a reasonable fee, a court must first determine whether the party seeking the fee award is a prevailing party under the statute. See Colbert v. Furumoto Realty Inc., 144 F.Supp.2d 251, 259 (S.D.N.Y.2001) (Conner, J.). A party is considered prevailing if he “obtains at least some relief on the merits.” Farrar v. Hobby, 506 U.S. 103, 111, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992) (citations omitted). “A party need not succeed on every issue raised by him, nor even the most crucial one.” LaRouche v. Kezer, 20 F.3d 68, 71 (2d Cir.1994) (citing Texas State Teachers Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989)). The party merely has to prevail on a “significant claim.” LaRouche, 20 F.3d at 71. The focus of the inquiry rests upon the “material alteration of the legal relationship of the parties.” Farrar, 506 U.S. at 111, 113 S.Ct. 566. Therefore, a party does not have to receive actual damages, but may be considered prevailing if he gains relief through a consent decree or settlement. See LaRouche, 20 F.3d at 71; see also LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 757 (2d Cir.1998) (“It is sufficient that the plaintiff succeeded on any significant issue in the litigation, if he received actual relief on the merits of his claim that materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.”) (quotations and citations omitted).

In Sugarman, plaintiff argued that Greenwood Lake’s sign ordinance was unconstitutional because it imposed content-based speech regulations and because the statute failed to provide adequately for the expeditious grant or denial of permit applications. See Sugarman, 192 F.Supp.2d at 292-95. Greenwood Lake cross-moved and was granted summary judgment with respect to plaintiffs claims that the sign ordinance imposed content-based regulations. See id. However, summary judgment was granted in favor of plaintiff on the ground that the sign ordinance failed to ensure that a permit determination was made expeditiously. See id. at 295. As a result, the ordinance was declared unconstitutional and, despite Greenwood Lake’s conclusory argument to the contrary, there is little doubt that plaintiff is a prevailing party. In fact, plaintiff succeeded in obtaining the primary relief sought against Greenwood Lake — a declaration that the sign ordinance was unconstitutional. See id. at 292-96; see also Knoeffler v. Mamakating, 126 F.Supp.2d 305, 311 (S.D.N.Y.2000) (Conner, J.). The relationship between the parties was thus materially altered to plaintiffs benefit.

II. Reasonable Attorneys’Fees

Having determined that plaintiff is entitled to attorneys’ fees, we must determine the reasonable amount of such fees. The district court begins by considering the “lodestar figure based upon the number of hours reasonably expended by counsel on the litigation multiplied by a reasonable hourly rate.” Luciano v. Olsten Corp., 109 F.3d 111, 115 (2d Cir.1997) (citing Blanchard v. Bergeron, 489 U.S. 87, 94, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989)). The lodestar figure provides an objective basis for setting the fees. See Hensley, 461 U.S. at 433, 103 S.Ct. 1933. There is a strong presumption that the lodestar figure represents a reasonable fee, and should not be reduced “simply because a plaintiff recovered a low damage award.” Cowan v. Prudential Ins. Co., 935 F.2d *309 522, 526 (2d Cir.1991). “The party seeking the award must submit evidence supporting his claim of hours worked and rates charged.” Hensley, 461 U.S. at 433, 103 S.Ct. 1933. However, the district court has broad discretion in determining the amount of attorneys’ fees awarded to the prevailing party. See id. at 437, 103 S.Ct. 1933; Luciano, 109 F.3d at 115.

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Sugarman v. Village of Chester, 213 F. Supp. 2d 304, 2002 U.S. Dist. LEXIS 14479, 2002 WL 1777714 (S.D.N.Y. 2002).

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