$54,000 Attorney Fee and Cost Award in Successful First Amendment Litigation
$54,000 Attorney Fee and Cost Award in Successful First Amendment Litigation
A Michigan federal district court granted $53,562.57 in attorney fees and costs to the plaintiff in a civil rights action alleging violations of his First Amendment rights by Michigan prison officials.
Prisoner Bahaa Iswed filed a civil rights action alleging the refusal to allow him to make telephone calls to his family in Romania and Jordan violated his rights. The defendants moved for summary judgment, claiming he failed to state a claim, and the district court granted the defendants’ motion. On appeal, Iswed’s First Amendment claim survived and the Court of Appeals remanded Iswed’s case back to the district court to be heard. The district court appointed attorney Daniel E. Manville of the Michigan State University College of Law Civil Rights Clinic to represent Iswed. The jury found in Iswed’s favor, awarding him $1.00 in nominal damages from each defendant.
The district court, however, found the defendants were entitled to qualified immunity and denied damages to Iswed. But, the court did grant Iswed’s motion for injunctive relief against the defendants in their official capacity. Iswed subsequently moved for attorney’s fees and costs.
The court found such an award was appropriate for not only Manville, but also for the law student’s under his supervision. The requested hourly rates of $187.50 for Manville and $105 for the two law students were found to be reasonable. The court further found the time sheets showed reasonable hours of 134.5 for Manville, 135.3 hours for law student Dorian George, and 101.8 hours for law student Jesse Miller.
The court awarded $1,841.31 in attorney expenses, which amounted to a total attorney fee award of $52,055.56. It also awarded $1,507.01 in costs for clerk fees ($805), printing fees ($679.50), and docket fees ($22.51). The decision and award were affirmed on appeal. See: Iswed v. Caruso, 573 Fed. Appx. 485 (6th Cir. Mich. 2014).
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Related legal case
Iswed v. Caruso
| Year | 2014 |
|---|---|
| Cite | 573 Fed. Appx. 485 (6th Cir. Mich. 2014) |
| Level | Court of Appeals |
| Attorney Fees | 54,000 |