LexisNexis® Electronic Advance Sheets Service

PROCEDURAL POSTURE: A jury found that defendants, a city and individuals, violated the constitutional and privacy rights of plaintiffs, city employees and family/friends, for which nominal damages were awarded, and violated wiretap laws for which damages under R.I. Gen. Laws § 12-5.1-13 were awarded to 64 of 135 plaintiffs. Plaintiffs sought fees and costs under 42 U.S.C.S. § 1988, R.I. Gen. Laws §§ 12-5.1-13, 9-1-28.1(b), Fed. R. Civ. P. 54(d), and D.R.I. R. 54.1.

OVERVIEW: The jury awarded some plaintiffs only nominal damages, but that fact did not dissuade the court from concluding that plaintiffs were "prevailing parties" as they succeeded in whole or in part on all counts and were entitled to recover their reasonable attorneys' fees. However, they did not prevail against former defendants who were voluntarily dismissed or dismissed pursuant to Fed. R. Civ. P. 50. It was not reasonable to require the losing defendants to pay the fees associated with the unsuccessful case against the dismissed defendants. Attorney rates were approved, but hours were reduced for attorneys who failed to keep contemporaneous time records. Plaintiffs were entitled to recover expert witness fees under R.I. Gen. Laws § 12-5.1-13(a)(3) as the introduction of expert testimony was reasonably incurred. The amount requested, however, was reduced as not adequately supported. As for costs, a memorandum of a court administrator was adopted. Expert witness fees were not recoverable as costs under 28 U.S.C.S. §§ 1821, 1920. Costs were disallowed for deposition copies, transcripts, document copies, investigative fees, postage, express mail fees, and office supplies.

OUTCOME: The court awarded plaintiffs fees and costs totaling $ 539,452.37 which included $ 15,619.57 in costs, $ 494,815.25 in attorneys' fees, and $ 29,017.55 in expert witness fees.