Maine Strip Search Case Nets $825,000 in Attorney Fees
In a class action strip-search case against York County, Maine, that settled for $3.3 million, a federal court awarded class counsel attorney fees totaling 25 percent of the settlement, $825,000. The court also directed counsel to provide documentation of "accrued and projected litigation costs and claims administration expenses," which counsel estimated to be at least $142,000.
In 1999 Michele Nilsen was arrested for allegedly driving with a suspended license. She was booked into the York County Jail and forced to submit to a strip-search.
In 2002, Nilsen brought suit against the County, alleging that the Jail's policy of strip searching arrestees without individualized suspicion violated the Fourth Amendment. The case was subsequently certified as a class action, including approximately 7,500 people who were wrongfully strip searched between 1996 and 2004.
The parties eventually settled the case with York Country establishing "a common fund of $3.3 million in satisfaction of all its liabilities (including attorney fees)." See: [PLN, March 2006, p. 31]. Ultimately, 1,350 people made valid claims. Each received $1,670.
Class counsel sought $990,000 in attorney fees, which represented 30 percent of the $3.3 million settlement fund. They limited their expense claim to 3 percent of the fund, or $99,000.
The court concluded "that the preferred method for determining a reasonable attorney fee is a market-mimicking analysis," which resulted in an award of "25% of the settlement of $825,000." The court made clear that granting 25% rather than the requested 30% was not a reflection "upon the quality of representation, or the nature of this litigation; these lawyers were excellent." Nor was it "a criticism of the percentage that they requested, given the precedents that they cite from other jurisdictions."
The court allowed counsel to request more than 3% in expenses since less than 30% in fees was awarded. Counsel was directed to provide "documentation of accrued and projected litigation costs and claims administration expenses," which counsel estimated to be approximately $142,000. See: Nilsen v. York County, 400 F.Supp.2d 266 (D. Me. 2005)
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Related legal case
Nilsen v. York County
| Year | 2005 |
|---|---|
| Cite | 400 F.Supp.2d 266 (D. Me. 2005) |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 825,000.00 |
| Damages | 3,300,000.00 |
| Injunction Status | N/A |