Carbonell v. Acrish

154 F.Supp.2d 552

Arnold CARBONELL, Plaintiff, v. C.O. ACRISH, et al., Defendants.

No. 99 CIV 3208 AJP.

United States District Court, S.D. New York.

April 18, 2001.

COPYRIGHT MATERIAL OMITTED

OPINION AND ORDER

PECK, United States Magistrate Judge.

This Opinion addresses an issue of first impression in this Circuit: the constitutionality of provisions of the Prison Litigation Reform Act ("PLRA") that cap attorneys' fee awards to victorious prisoners.

On November 6, 2000, plaintiff Arnold Carbonell, an inmate at Green Haven Correctional Facility, and defendants, employees of the New York State Department of Correctional Services ("DOCS"), settled this § 1983 medical indifference action for $15,000, leaving the amount of attorneys' fees for Court resolution. Counsel for Carbonell, Samuel Abady, applied for attorneys' fees and costs of $183,113.17; defendants opposed the motion, arguing that because of PLRA fee caps, Abady is entitled to only $21,239.65.¹

The parties (and the United States as intervenor) have addressed the constitutionality of the PLRA provisions that cap legal fees at 150% of the judgment amount, 42 U.S.C. § 1997e(d)(2), and cap the hourly rate for legal fees at 150% of the hourly rate payable to Criminal Justice Act counsel, 42 U.S.C. § 1997e(d)(3). For the reasons set forth below, the Court upholds the constitutionality of the 150% of judgment amount cap on attorneys' fees, 42 U.S.C. § 1997e(d)(2). The Court need not reach the issue of the constitutionality of the PLRA's hourly rate fee cap, 42 U.S.C. § 1997e(d)(3), since, even at the PLRA hourly rate, counsel's fees exceed the 150% of judgment fee cap. Accordingly, as more fully set forth below, Carbonell's counsel (Samuel Abady) is awarded $22,500.00 in attorneys' fees and $3,001.50 in costs.

FACTS

Plaintiff Arnold Carbonell, an inmate at Green Haven Correctional Facility, brought this action pro se against various officials and employees of the New York State Department of Correctional Services ("DOCS"). (Dkt. No. 2: Compl.; Dkt. No. 12: Amended Compl.) Carbonell brought the action under 42 U.S.C. § 1983 and the Eighth Amendment, alleging deliberate indifference to his serious medical needs. See Carbonell v. Goord, 99 Civ. 3208, 2000 WL 760751 at *1 (S.D.N.Y. June 13, 2000) (Peck, M.J.). "Specifically, Carbonell complain[ed] of prison officials' treatment of (1) an ankle injury he suffered on November 2, 1998 (Dkt. No. 12: Amended Compl. ¶¶ 7-11), and defendant Corrections Officer Simon's conduct that allegedly caused Carbonell to fall down a flight of stairs while he was on crutches the following month (id. ¶ 12), and (2) his Hepatitis C, first diagnosed on July 7, 1998 (id. ¶ 13)." Carbonell v. Goord, 2000 WL 760751 at *1. The Amended Complaint sought only monetary damages. (Amended Compl. ¶ 16.)

After the conclusion of discovery, the Court granted defendants' summary judgment motion on all claims except Carbonell's claims that: (1) Nurse Acrish "maliciously denied him alpha interferon" for his Hepatitis C on December 15, 1998, and (2) Correction Officer Simon on December 28, 1998 maliciously forced Carbonell to use the stairs while Carbonell was on crutches, causing Carbonell to fall down the stairs. Carbonell v. Goord, 2000 WL 760751 at *8-11. (See also Dkt. No. 46: 11/24/00 Affidavit of Samuel Abady ¶ 4; Dkt. No. 54: State Br. at 2-3.)

The Court required the pretrial order to be submitted by July 13, 2000 and set trial for August 15, 2000. (Dkt. No. 31: 6/27/00 Order.) Defendants timely submitted their portion of the pretrial order. (See Dkt. Nos. 32-33: 7/17/00 State PTO Submission & 7/19/00 Memo Endorsed Order.)

At the final pretrial conference on August 1, 2000, Samuel Abady made his first appearance as counsel for Carbonell. (8/1/00 Conf. Tr. at 2-5; see State Br. at 1; Abady 11/24/00 Aff. ¶ 5 ("On August 1, 2000, the undersigned first appeared for plaintiff by way of telephone conference with the Court.").) At Abady's request, in order to allow for his August vacation and for him to prepare for trial, the Court rescheduled trial for September 18, 2000. (8/1/00 Conf. Tr. at 4-5, 10; see State Br. at 2.)

Trial began on September 18, 2000 before a jury. (Dkt. No. 44: Trial Transcript ["Tr."]; see Abady 11/24/00 Aff. ¶ 6; State Br. at 4.) After two and a half days of testimony and a day and a half of deliberations, the jury reported that it was hopelessly deadlocked. (Tr. 631; see State Br. at 4.) The Court declared a mistrial and scheduled a new trial for November 28, 2000. (Tr. 634; see Abady 11/24/00 Aff. ¶¶ 6-7; State Br. at 4.)

On October 6, 2000, Abady filed a separate, new lawsuit on behalf of Carbonell against various DOCS officials complaining about many other aspects of Carbonell's prison medical care (hereafter, the "New Action"). (00 Civ. 7564, Carbonell v. Goord, Dkt. No. 1: Compl.) Included in the New Action was a claim that DOCS failed to immunize Carbonell against Hepatitis B in violation of the medical standard of care which "required that persons with Hepatitis C be immunized against Hepatitis B." (Id. ¶¶ 63-68.)

The parties engaged in "extensive" Court-supervised settlement discussions in this case in late September and into October 2000. (See Abady 11/24/00 Aff. ¶ 8; State Br. at 5.) Those discussions resulted in the November 6, 2000 "Stipulation of Settlement and Order of Dismissal" (hereafter, "Settlement Agreement"). (Dkt. No. 43.) The Settlement Agreement provided that DOCS would (1) pay Carbonell $15,000, and (2) immunize him against Hepatitis B, in return for which Carbonell would, inter alia, "amend the complaint in the New Action withdrawing with prejudice the claim related to Hepatitis B." (Settlement Agmt. ¶¶ 3-4, 7.)²

The Settlement Agreement further provided that DOCS would pay Carbonell's reasonable statutory attorneys' fees and costs, either in an amount agreed upon by the parties or as determined on motion by the Court. (Settlement Agmt. ¶¶ 2, 5.) The Settlement Agreement also provided that "[n]o part of the payment of attorneys fees shall be deducted from the [$15,000] payment to plaintiff [Carbonell]." (Settlement Agmt. ¶ 6.)

The parties were unable to agree on the amount of attorneys' fees. (See Abady 11/24/00 Aff. ¶ 9.) On December 6, 2000, Abady³ moved for "a declaration that the cap on attorneys fees in the Prison Litigation Reform Act (`PLRA'), 42 U.S.C. § 1997e(d)(3) for prisoners who prevail in civil rights actions violates equal protection under the Due Process clause of the Fifth Amendment to the United States Constitution" (Dkt. No. 46: Notice of Motion), and sought fees of $166,833.75 and costs of $16,279.42, for a total of $183,113.17. (Dkt. No. 46: Abady 11/24/00 Aff. ¶ 58 & Ex. A.) Specifically, Abady argued that § 1997e(d)(3), which caps the hourly rate for legal fees at 150% of the hourly rate payable to counsel under the Criminal Justice Act ("CJA"), violates equal protection because it "irrationally discriminates between successful civil rights plaintiffs who are prisoners from those who are not, in that non-prisoners can recover attorneys fees at market rates under [42 U.S.C.] § 1988, whereas prisoners can recover only reduced fees under § 1997e(d)(3)." (Dkt. No. 49: Carbonell Br. at 1; see generally id. passim.) Abady argued in a passing reference in a footnote that § 1997e(d)(2), which limits fees to 150% of the judgment amount, "applies to cases where monetary damages alone are recovered, and therefore is not relevant to the instant case in which Mr. Carbonell obtained monetary and non-monetary relief." (Id. at 2 n. 2; see also id. at 13 n. 9.) Abady's brief did not challenge the constitutionality of the 150% of judgment fee cap.

The State opposed the amounts sought by Abady, arguing that the PLRA limits attorneys' fees to 150% of the judgment amount. (Dkt. No. 54: State Br. at 9-13.) The State pointed out that Abady had not challenged the constitutionality of the 150% of judgment fee cap, § 1997e(d)(2). (State Br. at 8 n. 9, 11 n. 10.) The State also argued that even if an exception to the 150% of judgment fee cap exists where a settlement includes injunctive relief, Carbonell "never sought the injunctive relief in his complaint or at trial from defendants herein" and further argued that the settlement provided for a Hepatitis B shot but not injunctive relief. (State Br. at 9 n. 9, 11-12.) The State also argued that the hourly rate fee cap in § 1997e(d)(3) was constitutional under "rational basis review" because it advances legitimate purposes of the PLRA. (State Br. at 15; see also id. at 14-38.) Finally, based on claims that Abady's billing records were inadequate, his hours were excessive, and his billing rate for certain clerical and other time should be less than the statutory maximum rate, the State argued that attorneys' fees at PLRA hourly rates should be $20,507.65 plus costs of $732, for a total of $21,239.65. (State Br. at 36-51.)

On December 21, 2000, pursuant to 28 U.S.C. § 2403(a), this Court advised the Attorney General of the United States that "plaintiff's counsel has challenged the constitutionality of the Prison Litigation Reform Act's cap on attorney fees in prisoner litigation" and invited the United States "to intervene and present its views on that issue." (Dkt. No. 50: 12/21/00 Order.) On February 20, 2001, the United States submitted an "amicus" brief in which it urged this Court to uphold the constitutionality of § 1997e(d)(3), the PLRA hourly rate fee cap. (Dkt. No. 57: 2/16/01 U.S. Br.) On March 5, 2001, the United States re-filed its brief, characterizing itself as an intervenor in this action instead of an amicus. (Dkt. No. 60: 3/5/01 U.S. Amended Br.)⁴

On March 19, 2001, Abady submitted a reply affidavit. (Dkt. No. 63: Abady 3/19/01 Reply Aff.) With respect to the constitutionality of § 1997e(d)(2), Abady argued that "the equal protection analysis applies equally to the fee cap under subsection (d)(2) and the fee cap...