Montanez v. Simon

Dist. Ct. did not err in awarding plaintiff $108,350.87 out of requested $426,000 in attorney fees where plaintiff obtained $2,000 verdict in action alleging that defendants-police officers used excessive force when arresting plaintiff, and where Dist. Ct. reached said reduced figure by striking unnecessary time (such as research time spent on drafted motions that were never filed and time spent during day-long mock trial) or improperly documented hours and then reducing resultant lodestar figure by 50% to reflect lack of success on merits of case. Dist. Ct. could properly reduce $400 and $450 per hour fee requests to $385 per hour figure (and $175 per hour figure for less experienced counsel) where such figures were within relevant Chicago market, and where plaintiff’s requested per hour rates were based on contingent fee contracts. Moreover, Dist. Ct. did not abuse its discretion when eliminating unnecessary hours and in reducing lodestar figure to reflect lack of success, where plaintiff only prevailed on certain claims against defendants, and where instant requested fee dwarfed $2,000 judgment.