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Wilson v. Aquino

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 23, 2009

DERRICK WILSON, PLAINTIFF,
v.
NELSON AQUINO, SAM BEING A POLICE OFFICER IN THE EMPLOY OF THE CITY OF SYRACUSE POLICE DEPARTMENT, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; RALPH BOWERING, SAM BEING A POLICE OFFICER IN THE EMPLOY OF THE CITY OF SYRACUSE POLICE DEPARTMENT, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; MICHAEL EMOND, SAM BEING A POLICE OFFICER IN THE EMPLOY OF THE CITY OF SYRACUSE POLICE DEPARTMENT, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; AND BRIAN LENDY, SAM BEING A POLICE OFFICER IN THE EMPLOY OF THE CITY OF SYRACUSE POLICE DEPARTMENT, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Plaintiff's motion, pursuant to 42 U.S.C. § 1988, for attorney's fees and costs expended on his successful defense of Defendants' appeal of the judgment in this action. Specifically, Plaintiff seeks attorney's fees for 82 hours and 28 minutes that his attorney expended on that appeal, as well as for three hours of travel. Plaintiff seeks reimbursement at the hourly rate of $175.00 for legal work and $87.50 for travel time, for a total of $14,721.87. Plaintiff also seeks $622.07 in costs for the printing of sixteen copies of the appellate brief and for the filing and service of those copies.

Plaintiff filed his attorney's contemporaneous time records to support his motion. In response, Defendants argue that the Court should either disallow or reduce various work-time entries. After reviewing the time records and Defendants' objections, the Court finds as follows:*fn1

Date of EntryRequested HoursCourt-approved Hours 10/11/062 hrs., 30 mins 9/2/06, 9/30/06, 10/12/06, 10/20/06, 10/21/06, 10/22/06, and 10/23/0635 hrs., 36 mins.31.1 hrs. 5/6/07, 5/7/07, 5/8/0723 hrs.15 hrs. 6/7/077 hrs., 30 mins.4 hrs. 7/11/06, 10/2/06, 3/10/07, 3/21/07, 3/25/07, 3/27/07, 5/26/079 hrs.9 hrs.

Based upon the Court's review, the reasonable number of hours that Plaintiff's attorney expended on the successful defense of Defendants' appeal is 59.1 hours of legal work and 3.0 hours of travel. Using the hourly rate of $175.00 for the legal work and $87.50 for travel, the Court finds that Plaintiff is entitled to an award of attorney's fees in the amount of $10,605.00 and costs for printing and serving the appellate brief in the amount of $622.07.

Accordingly, the Court hereby

ORDERS that Plaintiff's motion for attorney's fees and costs is GRANTED in the amount of $11,227.07; and the Court further

ORDERS that the Clerk of the Court shall enter a judgment in favor of Plaintiff consistent with this Order.

IT IS SO ORDERED.


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