Section 1983 - Offers of Judgment - Attorneys Fees

CT
Chuck Thompson
Wed, Aug 23, 2017 12:14 AM

The 9th Circuit today reversed a decision by a district court judge to deny attorneys' fees to a civil rights plaintiff in a case where the City made an offer of judgment of $1000 plus reasonable attorneys fees in the courts discretion.  The District court concluded that the recovery was de minimis so awarded no fees.  The Ninth Circuit reversed concluding that under the offer of judgment the court used the wrong standard to determine fees and needed to enter an award for some fee.
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/22/14-35783.pdf
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland  20850
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC

The 9th Circuit today reversed a decision by a district court judge to deny attorneys' fees to a civil rights plaintiff in a case where the City made an offer of judgment of $1000 plus reasonable attorneys fees in the courts discretion. The District court concluded that the recovery was de minimis so awarded no fees. The Ninth Circuit reversed concluding that under the offer of judgment the court used the wrong standard to determine fees and needed to enter an award for some fee. http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/22/14-35783.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC