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$800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police

$800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police

The United States District Court, Central District of California, held on March 3, 2014, for plaintiff Troy Dugan in his motion for attorneys’ fees after prevailing in a §1983 claim against officers of the Los Angeles County Sheriff’s Department (LACS). A 2013 jury trial resulted in an award of $850,000 compensatory damages, along with $50,000 punitive damages, levied against three LACS officers in their individual capacities, for excessive use of force, unlawful arrest, and malicious prosecution. On December 16, 2013, the court denied defendants’ motion for judgment as a matter of law and motion for a new trial. Plaintiff filed the motion for attorneys’ fees on January 7, 2014, requesting compensation for the work of attorneys Todd Burns and Gabriel Cohan, as well as non-taxable costs.

As legal standard, the court applied Hensley v. Eckerhart and the controlling legislation, 42 U.S.C. §1988, which in pertinent part states:

“The purpose of §1988 is to ensure effective access to the judicial process for persons with civil rights grievances. Accordingly, a prevailing plaintiff should ordinarily recover attorney’s fees unless special circumstances should render such an award unjust.”

The petitioner, per Hensley, submitted an itemized breakdown of hours, rates, and fees, stating that Burns was entitled to 796.3 hours at $650 per hour, with 78 hours of that time for travel. Cohan claimed 698.1 hours at $350 per hour, for work as an attorney, and 42 hours at $190 per hour, for work as a paralegal, with 75 hours of the time being used for travel.        

Both sides provided declaratory support from “like-situated attorneys,” with the respondents’ statements arguing for lower rates, $375 per hour for Burns, and $275 per hour for Cohan. The Court set fees as the petitioners proffered, with several minor adjustments to hours worked, and a reduction of travel times by half. The total amount awarded was $803,287.47.

See: Dugan v. Co. of Los Angeles, U.S.D.C. (C.D. Cal. 2014), Case No. 2:11-cv-08145.

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Related legal case

Dugan v. Co. of Los Angeles