Lilly v. The City of N.Y.
District Judge Edgardo Ramos
Click here to see Judicial Profile
Plaintiff moved for an award of reasonable attorney's fees in his 1983 action, in which he alleged he was the victim of false arrest, excessive force, and illegal detention by the NYPD. Plaintiff accepted defendant's offer of judgment of $10,001 plus reasonable attorney's fees and costs incurred up to the offer. Plaintiff filed the present motion, seeking fees for work up to the offer of judgment at a rate of $600 per hour and any additional work after the fee application at rate of $625. Defendants objected to the fee application on the basis that the hourly rate was excessive, that hours expended were unreasonable, and that fees incurred after the offer of judgment were not recoverable. The court agreed with defendants' first argument, finding that the simplicity of the case supported a lower hourly rate. The court further held that plaintiff's counsel was not entitled to be paid attorney rates for clerical work but found the time spent on drafting the complaint and e-mails to opposing counsel reasonable. Finally, the court held that, as a matter of equity, counsel was entitled to compensation for preparing the fee application.
