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Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack
Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition.
A jury awarded Allen the judgment after corrections guard Dennis Baldwin coaxed another prisoner into assaulting him. $12,373.41 in attorney's fees were awarded Allen to be paid from the judgment. Baldwin petitioned for a new trial on remittitur which was unsuccessful and allegedly Allen nearly $4,000 in post-trial fees. Baldwin argued that the post-trial fees should be paid from the initial judgment but did not contest the claim.
The U.S. District Court for the Western District of Michigan, Southern Division, although unsure that all of the claimed hours were appropriate, ordered the amount sought for a lack of accuracy objection from Baldwin. The court further noted that "If the judgment is not satisfied, plaintiff may seek relief from this order pursuant to Fed.R. Civ.P. 60(b)." See: Allen v. Baldwin. Case No. l:02-cv-294 (W.D. Mich. Jan. 27, 2005).
A jury awarded Allen the judgment after corrections guard Dennis Baldwin coaxed another prisoner into assaulting him. $12,373.41 in attorney's fees were awarded Allen to be paid from the judgment. Baldwin petitioned for a new trial on remittitur which was unsuccessful and allegedly Allen nearly $4,000 in post-trial fees. Baldwin argued that the post-trial fees should be paid from the initial judgment but did not contest the claim.
The U.S. District Court for the Western District of Michigan, Southern Division, although unsure that all of the claimed hours were appropriate, ordered the amount sought for a lack of accuracy objection from Baldwin. The court further noted that "If the judgment is not satisfied, plaintiff may seek relief from this order pursuant to Fed.R. Civ.P. 60(b)." See: Allen v. Baldwin. Case No. l:02-cv-294 (W.D. Mich. Jan. 27, 2005).
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Related legal case
Allen v. Baldwin
| Year | 2005 |
|---|---|
| Cite | Case No. l:02-cv-294 (W.D. Mich. Jan. 27, 2005) |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 16,373.41 |
| Damages | 200,000.00 |
| Injunction Status | N/A |