Weather v. City of Mount Vernon et al
| Paul Weather |
| City of Mount Vernon and Michael Marcucilli |
| 1:2008cv00192 |
| January 9, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Robert P. Patterson |
| Lisa Margaret Smith |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
46
OPINION AND ORDER: On April 19, 2012, Paul Weather, Plaintiff/Appellee, moved under 42 U.S.C. Sec. 1988 for an award of attorneys fees as the prevailing party on appeal. Accordingly, for the reasons discussed herein, Plaintiff/Appellee's request for attorney fees of $33,620.00 and printing costs of $432.00 is approved. Enter judgment. IT IS SO ORDERED. (Signed by Judge Robert P. Patterson on 1/31/2013) Copies Faxed By Chambers. (ja)
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Filing
41
OPINION AND ORDER re: 38 MOTION for Attorney Fees filed by Paul Weather. Plaintiff has established that his hourly rate and requested time is generally reasonable. Deductions will be made, however, to compensate for time entries that reflect admin istrative or clerical work, and to account for time spent traveling. Expert fees are permissibly included as a part of Plaintiffs costs. Plaintiff is hereby awarded at total of $81,276.13. (Signed by Judge Robert P. Patterson on 5/27/2011) Copies Faxed By Chambers. (jar)
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Filing
36
OPINION AND ORDER:#100079 The jury found Defendant Marcucilli liable on Plaintiffs claim, indicating that they necessarily found his conduct to be unreasonable in view of the circumstances confronting him at the time of the incident. The law protecti ng individuals from excessive force applied by state actors is clearly established, and there is no authority to indicate that a reasonable officer facing the circumstances confronting Sergeant Marcucilli would have believed his actions to be a lawful response to Mr. Weather's conduct. Accordingly Sergeant Marcucilli is not eligible for qualified immunity. IT IS SO ORDERED. (Signed by Judge Robert P. Patterson on 3/22/2011) Copies Faxed By Chambers. (lnl) Modified on 3/23/2011 (jab).
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