Summary
awarding plaintiff approximately $13.6 million for nearly ten years' imprisonment
Summary of this case from Singletary v. Dist. of ColumbiaOpinion
CIVIL ACTION NO. 03-10319-RWZ.
February 8, 2007
ORDER ON PETITION FOR ATTORNEYS' FEES AND COSTS
Plaintiff had been unjustly convicted of rape and served nearly ten years in prison before being exonerated and released. He sued the City of Marlborough and several of its police officers for violations of his constitutional rights. The City ultimately agreed to the entry of a judgment of liability together with the payment of a sum certain and the assignment of its rights against third parties. After an evidentiary hearing, the court assessed damages in the amount of $13,655,940. Plaintiff petitioned for an award of attorneys' fees pursuant to 42 U.S.C. § 1988 and, in an order dated January 26, 2007, this court granted the unopposed petition. (Docket # 106).
The court awarded counsel $283,907.50 in attorneys' fees pursuant to § 1988, but noted that plaintiff is not entitled under 28 U.S.C. § 1920 to recover costs of experts and deposition costs except for depositions of witnesses who testified at trial. (Docket # 106). In accordance with the court's order, plaintiff filed a revised schedule of costs that was to encompasses only those costs allowed by 28 U.S.C. § 1920. (Docket # 107).
Pursuant to the court's order of January 26, 2007, plaintiff has been awarded $283,907.50 in attorneys' fee. (Docket # 106). Plaintiff is now further awarded $59,446.01 in costs, an amount which equals the revised bill of costs submitted ($76,502.37) (Docket # 107-2) less deposition fees ($17,056.36), except that of Ms. Toni Gustus, who testified at trial.