Miller v. Dugan, et al.

Plaintiff filed suit under 42 U.S.C. 1983 against law enforcement as well as the City of Barling, alleging violations of his rights under the First and Fourth Amendments. Plaintiff subsequently accepted defendants' offer of judgment under Rule 68. On appeal, plaintiff challenged, inter alia, the district court's denial of prejudgment interest on his tort claims under Arkansas law. The court held that a Rule 68 consent judgment for a sum certain must, absent indication otherwise be deemed to include prejudgment interest. In this case, the district court correctly concluded that plaintiff was not entitled to prejudgment interest. The court also concluded that Rule 54 does not require an evidentiary hearing when ruling on plaintiff's motion for attorney's fees. Finally, the district court's award of attorney's fees was reasonable where, inter alia, the district court did not abuse its discretion by relying on the prevailing market rate for civil rights litigation in the area. Accordingly, the court affirmed the judgment of the district court. View "Miller v. Dugan, et al." on Justia Law