Isaac Capps v. Kevin Drake
Opinion
*804
Generally, the prevailing party in a civil rights lawsuit is entitled to an award of attorney's fees.
I. BACKGROUND
Isaac Capps sued six law enforcement officers for failure to intervene in an unlawful search and for use of excessive force, pursuant to
Capps succeeded on eight of the ten claims he brought to trial. * He prevailed on his failure-to-intervene claims against each defendant and on his excessive-force claims against two of the defendants. At the end of the five-day trial, the jury awarded Capps $22,000 in compensatory damages and $10,092 in punitive damages.
After trial, Capps filed a petition to recover attorney's fees pursuant to § 1988(b). The judge who presided over the trial ordered the parties to appear before a magistrate judge for a settlement conference regarding the fees. The conference failed to resolve the issue. The trial judge then sua sponte "referred" the fee petition to another judge within the district, Chief Judge Reagan. (R. 223.) No party objected to the referral. At a hearing, Chief Judge Reagan explained that he was hearing the motion because he has a special interest in attorney's fees based on his work with the Illinois Attorney Registration and Disciplinary Commission as well as other experiences. Ultimately, Chief Judge Reagan denied the petition for fees, and Capps appealed.
II. ANALYSIS
On appeal, Capps challenges the denial of his petition for fees on two bases. First, he contends the district court lacked the authority to refer his post-trial motion to another judge. Second, he claims the court abused its discretion when it awarded him no attorney's fees.
A. The district court had authority to transfer the motion.
No statute or regulation permits a district court judge to refer or transfer a
*805
contested post-trial motion to another judge. Nor does any statute or regulation expressly prohibit such referrals. But "the Federal Rules of Civil Procedure do not completely describe and limit the power of the federal courts."
G. Heileman Brewing Co. v. Joseph Oat Corp.
,
The referral of a post-trial motion falls within this inherent authority and so the referral of the motion for attorney's fees in this case was not beyond the district court's authority. Still, the district court must not abuse its discretion when exercising this authority.
G. Heileman Brewing Co.
,
That said, we do find the practice of referring post-trial motions concerning, particularly where, as here, the judge to whom the motion is referred has a stated interest in the subject matter of the motion. Judges in the district courts are meant to be generalists.
See
Chi. Truck Drivers, Helpers & Warehouse Workers Union (Indep.) Pension Fund v. CPC Logistics, Inc.
,
B. The district court's decision not to award any attorney's fees was an abuse of discretion.
In civil rights actions, like Capps's, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee."
The U.S. Supreme Court has clarified that even a party who obtains only nominal
*806
damages is a prevailing party for purposes of § 1988, but that it is reasonable for a court to re-fuse to award fees if the prevailing party's damages award is "technical" or "
de minimis
."
Farrar v. Hobby
,
We have not limited the logic of
Farrar
to just cases in which the plaintiff receives nominal damages.
Aponte v. City of Chicago,
In this litigation, Capps is clearly the prevailing party. He obtained a judgment against each of the defendants and received $22,000 in compensatory damages and $10,092 in punitive damages. Yet, the district court determined that this was a case where the plaintiff "aim[ed] high and fell short." (R. 254 at 12 (quoting
Aponte
,
First, we doubt an award including punitive damages can be considered technical or
de minimis.
Second, while $32,092 is considerably less than what Capps sought in pre-trial settlement negotiations, the record demonstrates that a large damage award was not Capps's primary focus. Capps testified that it was more important to him to take the case to trial and receive a verdict than to accept a large settlement without the officers' acknowledgment of responsibility, and he made no specific monetary request to the jury,
see
Hyde
,
In sum, Capps prevailed in his primary goal-to obtain a judgment of liability-and was awarded a considerable sum, including punitive damages. This is precisely the type of situation for which § 1988 was enacted.
See
Farrar
,
We note that the district court based its decision largely on the conduct of Capps's attorney and the terms of her contract with Capps, which the court found contrary to the Illinois Rules of Professional Conduct. But this is not an action to en-force the agreement between Capps and his attorney, and § 1988 awards the right to fees to the plaintiff, not his counsel.
See
Evans v. Jeff D.
,
Chief Judge Reagan, anticipating that this court might find the outright denial of Capps's petition unwarranted, calculated an award that he deemed would be reasonable. But this analysis suffered many of the same errors as his decision to deny the petition. Namely, the award included no fees for work conducted after the settlement offer was rejected. As discussed, Capps had a right to reject the settlement offer and pursue a judgment against the defendants, a judgment he succeeded in obtaining at trial. Therefore, the district court is instructed to fully recalculate a reasonable fee award on remand, including fees for work done on the trial, post-trial motions, and this appeal. The district court is free to consider whether counsel's proposed rate is reasonable and whether her reported hours are accurate when calculating a reasonable fee and adjusting the lodestar amount accordingly.
III. CONCLUSION
For the reasons above, we REVERSE the district court's decision. This case is REMANDED for a determination of the amount of attorney's fees, including those incurred at trial, post-trial, and on appeal. If the court Judge Rosenstengel should again decide that the motion should be referred to another judge, she should specify her reasons for doing so.
Capps's original complaint includes twelve claims. Shortly before trial, he dismissed the excessive force claims against two defendants.
Reference
- Full Case Name
- Isaac W. CAPPS, Plaintiff-Appellant, v. Kevin DRAKE Et Al., Defendants-Appellees.
- Cited By
- 12 cases
- Status
- Published