United States Second Circuit
Barbour v. City of White Plains, 11-2229
In appeal by defendant-city and defendant-officers of attorneys' fees award to plaintiffs in connection with entry of judgment for plaintiffs in 1983 action pursuant to a Rule 68 offer of judgment, judgment is affirmed, where: 1) district court did not abuse its discretion in awarding attorneys' fees because Rule 68 applies to attorneys' fees when such fees are included within the definition of costs in the relevant statute and 42 U.S.C 1988 includes fees in its definition of costs; 2) defendants did not preserve the argument that the amount awarded was disproportionate; and 3) in any event, defendants did not demonstrate any abuse of discretion relating to the calculation of the fee award.
Appellate Information
- Decided 11/14/2012
- Published 11/14/2012
Judges
- PER CURIAM
Court
- United States Second Circuit