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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues