Evans v. Hardy et al

Filing 169

ORDER granting as modified 158 Motion for Attorney Fees. The Court awards Evans $23,250.00 in attorney's fees and $966.71 in costs.. Signed by Judge D. P. Marshall Jr. on 7/31/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MARCUS D. EVANS ADC #109369 v. PLAINTIFF No. 2:11-cv-235-DPM SHANTA HARDY; AVERY COX; MOORE; BRYANT BARDEN; DAVID RICHARDSON; KENNETH CARLOCK; DERRICK MULLINS; SHIRLEY MCDANIEL; FARON CLEMMONS; MOSES JACKSON, III; JANICE GRAY; and JOANN GRAY DEFENDANTS ORDER Evans's motion for fees and costs, NQ 158, is granted as modified. Evans seeks attorney's fees for the full statutory amount of $29,250.00 and costs in the amount of $966.71. The State doesn't oppose the costs, or Evans's method for calculating fees. It does, however, contend that the fees should be calculated based on the reduced damages amount. NQ 168. The Court agrees, and uses the reduced amount of damages- $15,500.00- to calculate the fees. Having reviewed the time expended and considering the results obtained, the Court awards Evans $23,250.00 in attorney's fees and $966.71 in costs. 42 U.S.C. § 1997e(d); 42 U.S.C. § 1988(b); Fires v. Heber Springs School District, 2014 WL 2441955, at *1-2 (8th Cir. 2 June 2014) (per curiam). So Ordered. D.P. Marshall Jr. United States District Judge 3! ~;tO!~ -2-

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