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Silent settlement doesn't include fees, costs

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A federal judge rejected a northern Indiana sheriff's argument that a settlement agreement in a civil rights case includes attorney's fees and costs when the agreement doesn't say anything on the issue.

In a Dec. 30 order from Chief Judge Robert L. Miller Jr. of the U.S. District Court, Northern District of Indiana, South Bend Division, St. Joseph County Sheriff Frank Canarecci Jr. claimed a $75,000 settlement reached between the sheriff and the relatives of a jail inmate who killed himself included attorney's fees for the plaintiffs even though the settlement stated nothing about the matter.

Relatives of inmate Gregory Zick sued Canarecci and 26 other defendants in 2005 after Zick committed suicide while in jail in 2003. Summary judgment was granted to all the defendants on the federal claims, except for an Eighth Amendment claim against Canarecci. The parties settled in the summer of 2009 before the issue went to trial. Cathy Minix and Steven Zick, Gregory Zick's mother and brother, filed a motion for nearly $745,000 in attorney's fees and costs.

Chief Judge Miller denied Canarecci's motion to strike in Cathy Minix and Steven Zick v. Sheriff Frank Canarecci Jr., et al., No. 3:05-CV-144, because there was no evidence the parties' settlement was intended to include attorney's fees and costs. Canarecci argued that a court could assume a settlement agreement in a civil rights case that didn't spell out attorney's fees and costs automatically included them in the settlement. Chief Judge Miller noted the 7th Circuit Court of Appeals has yet to take up this question.

"To assume that an agreement such as this one was meant to include attorney's fees and costs would run counter to Congress' policy of awarding attorney's fees to private attorneys general," wrote Judge Miller.

The judge also rejected the request for almost $750,000 in attorney's fees and costs because the plaintiffs' application fell below the level of specificity required by Hensley v. Eckerhart, 461 U.S. 434. The plaintiffs weren't specific enough in the amount of hours worked by the attorneys or expert witness fees on only the Eighth Amendment claim. Chief Judge Miller allowed the plaintiffs leave to re-file their motion within 10 days of the order "with a more reasonable request and with more reliable yardsticks by which the court may determine their award."

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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