Walker v. City of New York
- 1:18-cv-04815
- U.S. District Court · Southern District of New York
- 3
In Walker v. City of New York, the court approved K.W.’s settlement after reviewing his best interests and attorney fees.
K.W., the minor whose claims were settled; Mortia Walker, his mother and natural guardian; the City of New York and Sergeant Gibson, who were ordered to fund the settlement; and the plaintiff’s attorneys, whose fees and expenses were approved.
What happened
Walker v. City of New York concerned a request by Mortia Walker, K.W.’s mother and natural guardian, to settle her infant son’s claims. The opinion does not describe the underlying claims.
The court permitted the settlement, requiring the City of New York to pay $39,500 and Sergeant Gibson to pay $500. It approved $13,333 in attorney compensation and $244 in expenses, with the remaining $26,423 placed in an interest-bearing account for K.W.’s benefit until age eighteen.
The court found that the settlement served K.W.’s best interests and that the attorney fees and expenses were reasonable. The order was entered by the court on January 6, 2021; the judge’s name is not legible in the provided text.
The detailed version
- Walker v. City of New York · No. 1:18-cv-04815
- Jan. 6, 2021
Background
Mortia Walker moved for permission to compromise and settle claims on behalf of her infant son, K.W. The opinion states that K.W. was born in 2004 and identifies the defendants as the City of New York, Police Officers Phillip Pena, Pasquale Dethomas, Nicholas Rios, and Felix Baez, and Sergeant Gibson. The opinion does not explain the underlying claims or the events giving rise to them.
Legal standard
Under Local Civil Rule 83.2(a)(1), parties must obtain court approval before settling an action for a minor. The court explained that its review should generally follow New York statutes and rules. The relevant questions were whether the settlement was in the infant’s best interests and whether the proposed attorney fees and costs were reasonable. The court also stated that a settlement is strongly presumed fair and reasonable when it resulted from non-collusive, arm’s-length negotiations, counsel have relevant experience, and there was enough discovery for counsel to evaluate the case. The agreed contingency fee served only as a guide; the court had to make its own determination.
Ruling
The court permitted Mortia Walker, as K.W.’s mother and natural guardian, to enter into the settlement. The order required the City of New York to pay $39,500 and Sergeant Gibson to pay $500. It approved $13,333 for legal services and $244 for reimbursed expenses, for a stated total of $13,577. The order directed that the remaining $26,423—$25,923 from the City and $500 from Sergeant Gibson—be deposited in an interest-bearing account for K.W.’s sole benefit until K.W. reached eighteen. Withdrawals required a prior court order, and the bank was directed to pay the funds and accrued interest to K.W. at age eighteen upon proper demand and proof of age. After compliance with the order, Walker was authorized to sign a general release and other settlement documents, and the court dispensed with filing a bond.
The court concluded that the proposed settlement was in K.W.’s best interests and that the proposed attorney fees were reasonable. The judge’s signature is not legible in the provided opinion text.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.