Ekukpe v. City Of New York

Background

David Ekukpe filed claims under 42 U.S.C. § 1983, a federal civil-rights law, and New York law against NYPD Officer Juan Santiago and NYPD Sergeant John Ferrara. His claims included excessive force, false arrest, malicious prosecution, denial of the right to a fair trial, failure to intervene, and retaliation for exercising First Amendment rights. The court had earlier dismissed the claims against the City of New York and NYPD Officer Osvaldo Hernandez by stipulation.

A jury found Santiago not liable for excessive force and Ferrara liable for that claim, awarding $1 in nominal damages and $500 in punitive damages. The jury found both defendants liable for false arrest, federal malicious prosecution, state-law malicious prosecution, denial of the right to a fair trial, and failure to intervene, awarding the damages described in the opinion. The jury found neither defendant liable for retaliation. After trial, the defendants moved for judgment as a matter of law and for a new trial or reduced damages. The court denied the new-trial and reduced-damages motions and granted Ferrara’s motion for judgment as a matter of law on the failure-to-intervene claim.

Attorney’s Fees Standard

Section 1988 permits an award of reasonable attorney’s fees to a prevailing party in qualifying civil-rights cases, including cases brought under § 1983. The court used the “lodestar” method: a reasonable hourly rate multiplied by the reasonable number of hours worked. The court explained that the fee applicant must show entitlement to fees and document the hours and rates claimed. Courts may exclude excessive, redundant, unnecessary, vague, or purely administrative work.

Hourly Rates

Ekukpe requested an hourly rate of $700 for Edward Sivin, Glenn D. Miller, and John Knudsen; $250 for Clelia Douyon; and $150 for Jake Ethé.

The court set the rates as follows:

- Sivin: $450 per hour. - Miller: $450 per hour. The court declined to reduce Miller’s rate for his trial work because he made evidentiary objections and did more than merely observe or assist. - Knudsen: $450 per hour. - Douyon: $250 per hour. - Ethé: $75 per hour. The court found that his lack of experience did not justify the requested $150 rate.

Hours Worked

The legal team submitted 121.1 hours for Sivin, 53.6 hours for Miller, 287.4 hours for Knudsen, 137.7 hours for Douyon, and 70.25 hours for Ethé. The court generally found the time records sufficiently detailed and rejected objections concerning entries that referred to reviewing the file or included minor administrative tasks alongside legal work.

The court did, however, deduct 17.3 hours from Sivin’s time. Those hours concerned reviewing the City’s disclosures and preparing for and attending mediation with the City. Because the City was no longer a defendant and the records did not show that those hours related to the claims against Santiago or Ferrara, the court excluded them.

Fee Calculation

The court credited Sivin with 103.8 hours, Miller with 53.6 hours, and Knudsen with 287.4 hours, for 444.8 hours at $450 per hour and an award of $200,160. It credited Douyon with 137.7 hours at $250 per hour, producing $34,425, and Ethé with 70.25 hours at $75 per hour, producing $5,268.75. The resulting lodestar was $239,835.75. The court found no rare circumstance requiring an additional adjustment.

Litigation Expenses

Ekukpe requested $2,538.31 in litigation expenses. The court awarded $377.34 for documented service expenses, $30.42 for exhibit books and tabs, and $400 for the filing fee, for a total of $807.76. It denied the remaining expenses because the submitted spreadsheet did not adequately document or support them.

Disposition

Judge Analisa Torres granted in part and denied in part Ekukpe’s post-trial motion for attorney’s fees. The court awarded $239,835.75 in attorney’s fees and $807.76 in litigation expenses, for a total award of $240,643.51. The Clerk of Court was directed to terminate the motion.