McCown

ORDER ON MOTION FOR ATTORNEY FEES AND COSTS

This case focuses on the amount of attorney fees to be awarded to civil rights attorneys who recovered $20,000 on a claim that the police violated the constitutional rights of the plaintiff by tasering him in his genitals when he was on the ground handcuffed. Plaintiff has requested fees of $332,151 and costs of $15,034.10. After making the required findings and required calculations, the Court concludes that an award of $148,250 in fees and $15,034.1 in costs is required.

1. FACTS

Plaintiff Ian McCown (McCown) sued Defendants City of Fontana, City of Fontana Police Department, Jorge Rodriguez and David Maxson (collectively, the City) under 42 U.S.C. § 1983 for constitutional violations.

On the eve of trial, after summary judgment was granted dismissing most of the claims, McCown’s one remaining claim was settled for $20,000. This specifically did not include fees, and the settlement agreement provided that the Court would determine the fees and costs to be awarded, while stipulating that McCown was the prevailing party under 42 U.S.C. § 1988 .

In the claim that the City paid $20,000 to settle, McCown stated that officers handcuffed…