Damiano v. City of Amsterdam
Damiano v. City of Amsterdam
Opinion of the Court
SUMMARY ORDER
Appellants Tobin & Dempf, LLP, and Kevin A. Luibrand appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J.). Appellants are counsel for Plaintiffs Thomas and Rita Damiano in the underlying § 1983 action, and they challenge that aspect of the judgment awarding attorney’s fees in the amount of 1/3 of the available settlement. Appellants contend that a written retainer agreement between counsel and the Damianos provides instead for payment pursuant to hourly rates, which, according to Appellants, would result in a greater fee award. The Damianos maintain that the district court’s fee award was appropriate. We assume the parties’ familiarity with the facts, procedural history of the case, and issues presented on appeal.
Under 42 U.S.C. § 1988, a district court may determine attorney’s fees in a civil rights action where the plaintiff is a “prevailing party.” Concluding that the Damianos had prevailed with respect to them false arrest claim, the district court cited § 1988 for its discretionary power to assess attorney’s fees. The voluntary settlement negotiated by the parties, however, lacks the judicial imprimatur necessary to render the Damianos “prevailing parties” as that term is understood under § 1988. See Buckhannon Bd. and Care
“The standard of review of an award of attorney’s fees is highly deferential to the district court.” Mautner v. Hirsch, 32 F.3d 37, 39 (2d Cir. 1994). In this case, the district court did not abuse its discretion in concluding that an award of attorney’s fees resulting in the provision of only $24,000 of a $100,000 settlement to the plaintiffs would have been unreasonable.
For the foregoing reasons, the judgment of the district court is AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.