McCurdy v. City Of New York

Background

On October 28, 2019, Chance McCurdy moved for attorney’s fees and expenses under 42 U.S.C. § 1988 after prevailing in a lawsuit brought under 42 U.S.C. § 1983. The opinion states that McCurdy and Defendant Mitchell agreed that the fee award would be capped at 150% of the verdict amount, plus reasonable costs. They calculated that amount as $3,750 in attorney’s fees and $737.50 in costs.

The court independently reviewed the billing records submitted by McCurdy’s counsel and found those amounts reasonable. The parties’ only disagreement concerned how much of McCurdy’s damages award McCurdy should pay toward the attorney’s fees.

Prison Litigation Reform Act Allocation

The Prison Litigation Reform Act provides that, when a monetary judgment is awarded in a covered action, up to 25% of the judgment must be applied to satisfy attorney’s fees awarded against the defendant. The court cited decisions stating that using the full 25% generally helps require prisoners to bear part of the litigation cost, while recognizing that a lower percentage may sometimes be appropriate.

Here, the court applied the maximum 25%. It specifically noted that McCurdy decided during trial not to appear to testify. The court therefore permitted Defendant Mitchell to apply $650 of the judgment toward the attorney’s-fee award.

Ruling

Judge Gregory H. Woods granted McCurdy’s application for attorney’s fees and costs against Defendant Mitchell in the amount of $4,487.50. The court directed the clerk to terminate the motion at docket entry 172. The order addressed the fee application and did not state that the underlying case was dismissed or otherwise resolved by this order.