Congratulations to Sacramento attorney Stewart Katz, who was awarded over $331,000 in attorney fees and expenses by Judge Drozd in the Sacramento jail "sewage dunking" case. See Sewage Dunking Case Verdict, 3/11/11. Here's the Drake Jones Attorney Fee Order. With three attorneys working for the plaintiff in a lengthy, difficult case that resulted in the jury finding jailers used constitutionally excessive force, the award seems very reasonable, even though the jury awarded only $31,000 in compensatory damages:
On Aug. 12, U.S. Magistrate Judge Dale A. Drozd ordered the county to pay fees, costs and expenses totaling $331,225 to Katz; an associate in his office, Guy Danilowitz; and Joseph George Jr., an attorney he sometimes works with.
Quoting from a 2009 federal appellate opinion, Drozd wrote: "The (U.S.) Supreme Court has … indicated that when a decision has 'served the public interest by vindicating important constitutional rights' an award of attorney's fees that is disproportionate to the actual damages may be appropriate.
"This is such a case," Drozd wrote in his 36-page order.
"Achieving such a verdict is no easy task, and obtaining the … finding" of malice, oppression and recklessness "is even more difficult," Drozd said. "Moreover, such verdicts are significant in that they represent a determination by citizens … that the defendant law enforcement officers' conduct … was prohibited by the U.S. Constitution. The court trusts that the defendants and those in their department will take heed of the verdict and adjust their future conduct accordingly."
Drozd also quoted a 2008 federal appellate opinion, saying the lawsuit should "act as a deterrent to law enforcement and serve the public purpose of helping to protect the plaintiff and persons like him from being subjected to similar unlawful treatment in the future."
Sacramento Bee, 8/20/11.
Photo: Sacramento County Main Jail, sacsheriff.com