Tenant Gets $89,000 in Attorney Fees on $500 Judgment

February 8, 2012

LVT Number: #23907

A woman sued landlord for false arrest and use of excessive force after she was handcuffed and charged with disorderly conduct by the housing complex's private police. After a jury trial, the court found no false arrest, but found there was excessive force and awarded tenant $500 in damages. The court later awarded the woman $89,000 in attorney's fees. Landlord objected, arguing that since the damages award was nominal, it was unfair to award so much attorney's fees.

A woman sued landlord for false arrest and use of excessive force after she was handcuffed and charged with disorderly conduct by the housing complex's private police. After a jury trial, the court found no false arrest, but found there was excessive force and awarded tenant $500 in damages. The court later awarded the woman $89,000 in attorney's fees. Landlord objected, arguing that since the damages award was nominal, it was unfair to award so much attorney's fees. But the court found that the woman was entitled to attorney's fees under the federal Civil Rights Attorney's Fees Award Act and proof of the fees was presented.

Brown v. Starrett City Associates: Index No. 09-CV-3282, 2011 WL 518438 (EDNY; 10/27/11; Mann, J)

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