NILSEN V. YORK COUNTY 400 F.Supp.2d 266 (2005) CASE BRIEF

NILSEN V. YORK COUNTY

400 F.Supp.2d 266 (2005)

NATURE OF THE CASE: Nilsen (P), arrestees, sued York County (D), under 42 U.S.C.S. 1983, alleging that a county jail violated the Fourth Amendment by maintaining a policy of strip searching arrestees without individualized suspicion. Class certification was granted. The court granted final approval of a settlement between the parties. Ps moved for attorney's fees and litigation expenses under Fed. R. Civ. P. 23(h).

FACTS: Ps filed a lawsuit under 42 U.S.C. 1983. They claimed that D violated the Fourth Amendment by maintaining a policy of 'strip searching' arrestees without individualized suspicion. Class certification was granted under Federal Rule of Civil Procedure 23(b)(3). Certification was appealed and affirmed. The parties began discussions with a mediator. They subsequently filed a notice of voluntary settlement. The agreement requires D to establish a common fund of $3.3 million in satisfaction of all its liabilities (including attorney fees). The fund is to be distributed to class members after deduction of costs and fees. The agreement provides that Ps' lawyers will ask the Court to award attorney fees out of the fund, in the amount of 30%, along with reimbursement for costs and expenses. The motion for attorney fees, is now before the court. The lawyers have asked an award in the amount of 30% of the total settlement fund ($990,000). Based solely on hourly rates and hours spent, the lawyers would accrue somewhat less than $520,000. They also request reimbursement of litigation expenses and claims administration costs, in the amount of 3% of the total settlement ($99,000).

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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