Alexander v. Private Protective Services, Inc.

Background

Private Protective Services, Inc. successfully moved to dismiss Jeriel Alexander’s claims under Title II of the Civil Rights Act of 1964. Magistrate Judge Stewart D. Aaron recommended that the company receive $16,760 in attorney’s fees incurred in connection with that motion.

Alexander objected to the recommendation. He argued that awarding attorney’s fees was inappropriate or unfair under special circumstances, and he challenged both the total amount and the hourly rates charged by the company’s attorneys, Howard L. Bressler and Julianne Laporte.

Court’s Analysis

The district court explained that objections to a magistrate judge’s report and recommendation generally receive a fresh review when they specifically address the challenged issue. However, because Judge Aaron’s recommendation addressed only the amount of fees—not whether fees should be awarded at all—the court reviewed Alexander’s attempt to revisit the underlying fee award for clear error. The court found no error.

The court reviewed Alexander’s objections to the amount of fees more closely. Alexander challenged Bressler’s $900 hourly rate and Laporte’s $700 hourly rate. The court found those rates reasonable because they were consistent with rates that courts had found reasonable for attorneys practicing in the district. The court also rejected Alexander’s assertion that Bressler lacked litigation experience, stating that publicly available professional information contradicted that assertion.

Ruling

Judge Oetken overruled Alexander’s objection to the June 24 report and recommendation and adopted Judge Aaron’s report and recommendation. The court awarded Private Protective Services, Inc. $16,760 in attorney’s fees from Alexander. The Clerk of Court was directed to mail a copy of the order to Alexander, whom the opinion identifies as proceeding without a lawyer.