Lang

We must decide whether a plaintiff who first rejects a settlement offer may recover postoffer attorney’s fees when he later accepts the same offer.

I

In August 1988, Los Angeles police conducted a raid of Cheri and Henry Lang’s South Central Los Angeles home. In response, the Langs filed suit against Los An-geles Police Chief Daryl Gates, the City of Los Angeles, and various individual Los An-geles police officers, city officials, and government employees under 42 U.S.C. § 1983 .

Prior to trial, defendants made an offer of settlement for $600,000 plus reasonable attorney’s fees and costs incurred, pursuant to Federal Rule of .Civil Procedure 68. The offer stated that “[ajcceptance by less than both Plaintiffs shall be deemed a rejection of this offer.” Cheri Lang accepted the offer and Henry Lang rejected it.

Over nine months later, the district court approved a settlement between the parties in the amount of $600,000 plus attorney’s fees to be determined at a later date. As part of the settlement the Langs dismissed the action with prejudice.

The Langs’ attorney, Stephen Yagman (“Yagman”), then filed a motion for attorney’s fees in the amount of $1,288,275. Reducing Yagman’s…