Mattie Holland Dan Holland v. Daren Roeser City of Portland

The City of Portland appeals the district court’s amended order awarding plaintiffs attorneys’ fees pursuant to 42 U.S.C. § 1988 and Federal Ride of Civil Procedure 68. The district court awarded attorney’s fees for the time plaintiffs’ attorney spent prior to the City’s offer of judgment as well as for time spent preparing the fee petition after the plaintiffs accepted the offer of judgment. We affirm.

I

The City of Portland towed and impounded Mattie and Dan Holland’s car. At a subsequent administrative tow hearing, a city hearings officer invalidated the tow and ordered the City to return the Hollands’ car. The Hollands subsequently filed a complaint alleging the City violated their civil rights. After the parties began settlement talks, the City served the Hollands with a Rule 68 offer of judgment in the “sum of ... $500 plus costs now accrued and reasonable attorney fees as determined by the Court.”

The Hollands accepted the offer of judgment, but the parties disagreed on the amount of fees to be awarded. The Hollands petitioned the district court for $3377.50 in fees to cover 9.7 hours spent before the settlement and 15.5 hours spent preparing the fee petition and…