$733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit
$733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit
On December 20, 2010, the United States District Court, Central District of California, awarded $719,417.00 in attorneys’ fees and $13,541.92 in costs to three attorneys representing the prevailing party in a wrongful death action. The suit was based on the misdeeds of two detectives with the Los Angeles Police Department (LAPD) that resulted in the death of Martha Alijandra Puebla. The claim was brought by Puebla’s estate, represented by her parents, after two LAPD detectives, Martin Pinner and Jose Rodriguez, falsely disclosed as a ruse, Puebla’s name as the individual who identified a gang member they were interrogating from a six-pack photo line-up as the killer in a murder investigation. This action precipitated Puebla’s death and the instant cause.
The jury in April 2010, however, found the actions of all parties—the detectives, LAPD, the City of Los Angeles, as well as Puebla’s parents and Puebla herself—to be negligent and material to her death and recommended that no damages be awarded. Plaintiffs moved for an award of nominal damages and the Court awarded $1.00.
Plaintiffs filed for attorneys’ fees per §1988, setting Benjamin Schoburn’s rate at $650 per hour, Michael Seplow’s rate at $590 per hour, and John Raphling’s rate at $525 per hour. Per Hensley, they provided corroborating declarations from similarly situated attorneys as to hourly rate, itemized hours and expenses, and outlined voluntary reductions to arrive at the requested $969,417.00 in fees and $13,541.92 in costs. Plaintiffs also cited as support Mahach-Watkins, suggesting the significance of the legal issue on which the plaintiffs prevailed and the fact that the judgment accomplished a public goal.
Defendants cited McCown, holding that limited success, along with no meaningful public benefit dictated a downward adjustment in fees. They further argued that the jury made no finding that the detectives’ actions were in conformity with official city policy, and since there was no official policy, there could be no policy to change, only clarification in training. Defense also pointed out that the need for three attorneys was unjustified and excessive.
The Court agreed with the defense as to the matter of three attorneys and reduced the award by $250,000, but held that the defense’s reliance on McCown was misplaced in the instant case. The court noted that when police conduct exposes citizenry to criminal violence, it is of critical importance and in need of judicial attention. There were no further reductions in the award. See: Rauda v. City of Los Angeles, U.S.D.C. (C.D. Cal.), Case No. 2:08-cv-03128.
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Related legal case
Rauda v. City of Los Angeles, U.S.D.C. (C.D. Cal.)
| Year | 2010 |
|---|---|
| Cite | Case No. 2:08-cv-03128 |
| Level | District Court |
| Attorney Fees | 719,417 |
| Damages | 1.00 |