Stone v. The National Railroad Passenger Corporation et al

Filing 61

OPINION re: 51 MOTION for Attorney Fees Notice of Motion for Attorneys Fees, Expenses and Interest. filed by Alanna Stone. The Court awards attorneys' fees in the amount of $50,000, and $25,000 to cover costs. This opinion resolves item number 51 on the docket. SO ORDERED. (See Order.) (Signed by Judge Thomas P. Griesa on 9/10/2014) (ajs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
ALANNA STONE,
:
:
Plaintiff,
:
:
– against –
:
:
THE NATIONAL RAILROAD PASSENGER :
CORPORATION, et al.
:
:
Defendants.
:
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13-CV-0484 (TPG)
Opinion

Following her March 2014 trial, plaintiff Alanna Stone filed a motion
for attorneys’ fees. Stone seeks $469,893 in fees; $27,742 in costs; and
interest on those amounts.
Facts
Stone brought this action against Amtrak Police Officers Joseph
Nativo and Timothy Proudman in connection with her arrest in New York
Penn Station on January 21, 2012. The trial lasted six days. At trial, Stone
sought recovery under several legal theories, including false arrest,
unjustifiable and excessive force, malicious prosecution, abuse of process,
and violation of the First Amendment right to free speech and petition for
redress of grievances. The court only instructed the jury on the claim for
false arrest and excessive force against Nativo.
After deliberating, the jury found that Nativo unlawfully arrested
Stone but did not use excessive force. Although Stone sought

compensatory and punitive damages in the six-figure range, the jury only
awarded Stone $15,000 in compensatory damages.
Three attorneys prepared Stone’s case for trial: Robert Herbst,
Elizabeth Shura, and Amanda Masters.
Discussion
Under 42 U.S.C. § 1988, the court may, in its discretion, award
reasonable attorneys’ fees and costs to a party who proves a constitutional
violation in an action pursuant to 42 U.S.C. § 1983. In order to qualify for
attorneys’ fees under § 1988, a plaintiff must be a “prevailing party,” which
means that she must have obtained “at least some relief on the merits” of
her claim. See Farrar v. Hobby, 506 U.S. 103, 111 (1992).
The most critical factor in a district court's determination of what
constitutes reasonable attorneys’ fees in a given case is the degree of
success obtained by the plaintiff.

Finch v. New York State Office of

Children & Family Servs., 861 F. Supp. 2d 145, 152 (S.D.N.Y. 2012). As
the Supreme Court has made clear, when a plaintiff has achieved only
partial or limited success, the product of hours reasonably expended on
the litigation as a whole times a reasonable hourly rate may be an
excessive amount. Hensley v. Eckerhart, 461 U.S. 424, 436 (1983).
Stone only prevailed on her claim for false arrest, and the jury
awarded her $15,000 in compensatory damages. However, her counsel
prepared for trial on multiple legal theories, including false arrest,
unjustifiable and excessive force, malicious prosecution, abuse of process,

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and violation of the First Amendment right to free speech and petition for
redress of grievances. Stone also retained five physicians and one physical
therapist in support of her claim that she suffered life-altering mental and
physical injuries and was thus entitled to high compensatory and punitive
damages.
Stone seeks compensation for the time spent in preparing for trial
on these various theories. Stone asserts that over 700 hours were devoted
to trial preparation by attorneys, and the Court has no doubt that this
occurred. And if Stone were to receive compensation for these hours at a
reasonable rate, the amount of the fee award would perhaps not be the full
$469,893 requested, but it would be, after some reasonable discounting,
in the area of $180,000. But the Court believes that such an award is
completely out of line with the “critical factor,” which is the degree of
success. The Court believes that, given the circumstances that have been
described, the amount of award for attorneys’ fees should be $50,000. The
Court will also award $25,000 to cover costs. Interest will not be awarded
since § 1988 does not provide for it.

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Conclusion
The Court awards attorneys' fees in the amount of $50,000, and
$25,000 to cover costs. This opinion resolves item number 51 on the
docket.

SO ORDERED
Dated: New York, New York
September 10, 2014

~;y;?

~Lr~
Thomas P. Griesa
U.S. District Judge

USDC-SDNY
ooaJMENT
ELECfRONICALLY FILED
DOC#:

!J -cv- oytty

DATE FILED:

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