ILNews

COA: Award fees for litigation costs

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.

In Christopher Scott Barker v. City of West Lafayette and Officer Adam S. Ferguson,  No. 79A02-0804-CV-384, Christopher Barker appealed the denial of fees related to his litigation to recover fees. After being acquitted of resisting law enforcement and battery upon a law enforcement officer charges, Barker sued the city of West Lafayette on federal claims of false arrest, excessive force, and malicious prosecution. The jury found in favor of Barker on his false arrest and malicious prosecution claims. He filed a petition to recover attorney fees and costs pursuant to 42 U.S.C. 1988. The trial court awarded him nearly $50,000, relying on Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir. 1974).

Barker appealed, and on remand the trial court recalculated his fees based on the lodestar method and awarded him $92,906. The trial court didn't believe he should receive compensation for the federal claim he lost or the fact the trial court originally relied on Johnson to calculate the fees.

Barker then filed a motion to correct error, which the trial court granted without a hearing or receiving a response from the city. The trial court set aside its previous decision in its entirety, recalculated Barker's attorney fees at a higher hourly rate, but stated it didn't compensate him for the lost claim or its previous use of Johnson. The new order included fees related to his excessive force claim but denied him nearly $57,000 in fees for litigation of the fee issue in the trial court, on appeal, and on remand.

The city filed a motion to correct error, arguing they weren't allowed sufficient time to respond to Barker's motion to correct error; the trial court re-affirmed its order.

In the instant case, the Court of Appeals ruled Barker was entitled the nearly $57,000 in fees for litigation that the trial court had denied because he was the prevailing party. The city's argument that Barker led the trial court to use Johnson to calculate his original fee award was unpersuasive, wrote Judge Terry Crone.

The appellate court affirmed the award of fees related to the excessive force claim, the hourly rate used by the trial court to calculate Barker's attorney fees award, and the award of paralegal fees. It found there was no reversible error committed by the trial court when it re-affirmed and re-entered its prior order, wrote the judge.

Judge Crone wrote in a footnote at the end of the opinion that the trial court should consider the Court of Appeals' guidance when determining on remand the amount of fees Barker is entitled to in order to avoid another appeal of the case and further expenditure of public funds.

ADVERTISEMENT

  • Legal services required!
    please do your firm handles cases on breach of contract? please advise...

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

ADVERTISEMENT