McMurray v. Richard et al

Filing 194

MEMORANDUM ORDER Re: Evidence of past and future economic damages and attorneys' fees and costs. Signed by Judge Peter J. Messitte on 3/26/2024. (ybs, Deputy Clerk)

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND 6500 CHERRYVVOOD LANE PETER J. MESSITTE UNITED STATES DISTRICT JUDGE GREENBELT,MARYLAND 20770 301-344-0632 MEMORANDUM ORDER TO: Counsel for Plaintiff and Defendant Prince George's County FROM: Judge Peter J. Messitte RE: Evidence of past and future economic damages and attorneys' fees and costs McMurrav v. Tallant. et al. Civil No.PJM 20-CV-919 DATE: March ,2024 This case now moves to the economic damages and attorneys' fees and costs phases. As the Court indicated to Counsel at the end of the jury trial, it adopts the jury's finding as to the liability ofPrince George's County as its own.Some measure ofeconomic damages and attorneys' fees and costs is definitely in order. There are many potential variables here, so the Court offers some direction to Counsel; especially as to evidence offuture damages and attorneys' fees and costs. (1) Assume Ms. McMurray would spend her entire career with the Prince George's County Police Department, i.e., that she would spend a certain number of years there. (2) Any calculation of future lost benefits would have to be reduced to present value, taking into account inflation. (3) Generally,the calculation should address lost wages; lost benefits such as health insurance; lost pension benefits (following Plaintiffs retirement at a normal age); lost overtime opportunities; and any other monetary benefits that might be claimed. (4) As for lost wages, etc., please address the reasonable possibility (based on historical experience) of wage increase for a position, whether as corporal, sergeant, lieutenant, or other position. (5) As for the rank that Ms. McMurray might hold in the future: Both sides are, of course, free to offer evidence as to any scenario they might wish to, but the Court is particularly interested in evidence with respect to two scenarios:

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