Drake v. Jones et al

Filing 164

ORDER granting 162 Motion for Attorney Fees, awarding $975.40 in costs and expenses. Signed by Honorable Joseph F Anderson, Jr on 11/09/2010.(bshr, )

D r a k e v. Jones et al

D o c . 164

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA G R E E N V IL L E DIVISION

H o b a rt P. Drake,

) ) P l a in tif f , ) v. ) ) S g t. Scott Jones; Sgt. Brian Taylor; ) O ff icer Natasha Alston; Officer Harry ) P e re z ; Two Officers as John Doe, et al.; ) o f f ic ia l and individual capacity, ) ) D e f e n d a n ts . ) _________________________________ )

C /A No. 6:09-908-JFA-WMC

ORDER

T h is matter is before the Court on "Plaintiff's Petition for Attorneys' Fees, Costs, and E x p e n se s" submitted pursuant to 42 U.S.C. § 1988(b) and Rule 54(d) of the Federal Rules o f Civil Procedure. The jury returned a verdict in this case on October 8, 2010 in favor of th e plaintiff against Defendant Sergeant Brian Taylor for a judgment of $250 actual damages a n d $250 punitive damages. Attorneys for the plaintiff have submitted time records for this case totaling $56,759 in attorneys' fees. The attorneys' fees paid by the defendant in Section 1983 excessive force claim s by prisoners are limited to 150% of the judgment. 42 U.S.C. § 1997e(d)(2). T h e re f o re , the amount of the judgment allows the plaintiff in this case to recover a maximum o f $750 towards attorneys' fees. Additionally, a portion of the judgment up to 25% must be a p p lie d to the satisfy the attorneys' fees. The Court hereby orders that $125 of the judgment is to be applied to satisfy the amount of attorneys' fees, and the defendant is ordered to pay

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th e remaining $625. A tto rn e ys for the plaintiff submitted records showing they incurred costs and expenses totalin g $975.40. The Court hereby authorizes that these costs be reimbursed by the Court's lib ra ry fund. The clerk shall remit a check from the library fund to Nexsen Pruet as re im b u rs e m e n t for expenses advanced. IT IS SO ORDERED.

N o v em b er 9, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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