Ford v. Bender

• Decision Date: 29 November 2012
• Docket Number: Civil Action No. 07–11457–JGD.
• Citation: 903 F.Supp.2d 90
• Parties: Albert FORD, Plaintiff, v. James BENDER, et al., Defendants.
• Court: U.S. District Court — District of Massachusetts

903 F.Supp.2d 90

Albert FORD, Plaintiff,

v.James BENDER, et al., Defendants.

Civil Action No. 07–11457–JGD.

United States District Court,

D. Massachusetts.

Aug. 17, 2012.

Stay Conditionally Granted Nov. 29, 2012.

Lisa J. Pirozzolo, Dimple Chaudhary, Emily R. Schulman, Timothy D. Syrett, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Plaintiff.

Kevin A. Anahory, William D. Saltzman, Department of Correction, Boston, MA, for Defendants.

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND BILL OF COSTS

DEIN, United States Magistrate Judge.

I. INTRODUCTION

This matter is presently before the court on the Plaintiff's Motion for Attorneys' Fees and Bill of Costs. (Docket No. 213). In May 2008, Wilmer Cutler Pickering Hale and Dorr LLP (“WilmerHale”) was appointed to represent the plaintiff Albert Ford, who was incarcerated in the Department Disciplinary Unit (“DDU”) at MCI–Cedar Junction as a pretrial detainee, and later as a convicted inmate, without a hearing. In September 2010, summary judgment was entered in Ford's favor on his claim that his detention in the DDU without a hearing violated his constitutional rights. Following a three day jury-waived trial on the issue of damages, in January 2012, Ford was awarded $47,500 in damages and injunctive relief to declare his DDU sanction satisfied and to help him transition into the general population prior to his release from incarceration.

By their motion, WilmerHale is seeking fees in the amount of $345,542.00 and costs in the amount of $20,456.36. They contend that this is a significantly reduced amount from the hours actually expended in Ford's defense. The defendants have raised numerous legal and factual objections to the motion. For the reasons detailed herein, this court orders that the defendants pay WilmerHale attorneys' fees in the amount of $258,000.00 and costs in the amount of $20,456.36.

In so ruling, this court stresses that the quality of the work performed was excellent,and that the attorneys were well-prepared, professional and dedicated to their client and the case. The reduction in the amount of fees awarded does not reflect a view that the work reported in the time sheets was not done, or that it was not done well. Rather, as detailed below, in this court's view the work on certain issues is not compensable under the PLRA and, at times, the amount of work done on certain issues was excessive, and involved more meetings and re-writes than are appropriately charged to the defendants. Nevertheless, as Judge Stearns stated in Hudson v. Dennehy, in language that is applicable here, “[t]his was an important and complex case that presented an issue of first impression in this Circuit. The action had been pending for [a while] before [WilmerHale] agreed to serve as [Ford's] counsel pro bono. Prisoner cases are notoriously unpopular among the private bar as pro bono candidates. [WilmerHale's] agreement to take this case and the commensurate risk of receiving no payment at all is commendable.... Judgment was a solid result for the plaintiff[ ]. Although the case was not brought as a class action, it involved challenges to institutional practices that are likely to impact future cases.” Hudson v. Dennehy, 568 F.Supp.2d 125, 133–34 (D.Mass.2008). Counsel certainly earned the fees awarded here.

II. STATEMENT OF FACT

Pre-trial Work

Ford commenced this action on July 31, 2007, proceeding pro se. (Docket No. 1). On May 8, 2008, WilmerHale was appointed as pro bono counsel. (Docket No. 44). On July 11, 2008, WilmerHale filed a Second Amended Complaint, naming as defendants the Massachusetts Department of Correction; Harold Clarke, the Commissioner of Correction; James Bender, the Deputy Commissioner of the Prison Division of the DOC; Peter St. Amand, the Superintendent of MCI–Cedar Junction; Kenneth Nelson, the Assistant Deputy Commissioner, Southern Division of the DOC; and Michael Bellotti, the Norfolk County Sheriff. (Docket No. 52). Therein, Ford brought claims under 42 U.S.C. § 1983 alleging that his detention in the DDU violated his substantive due process rights under the Fourteenth Amendment (Count One) and under the Massachusetts Declaration of Rights (Count Two), his procedural due process rights under the Fourteenth Amendment (Count Three) and the Massachusetts Declaration of Rights (Count Four), his right to effective assistance of counsel under the Sixth Amendment (Count Five) as well as under the Massachusetts Declaration of Rights and state law (Count Six), his rights to equal protection under the Fourteenth Amendment (Count Seven) and the Massachusetts Declaration of Rights (Count Eight), his right to be free from “infamous punishment” under the Massachusetts Declaration of Rights (Count Nine), and various Massachusetts statutes. (Counts Ten and Eleven). He sought monetary, declaratory and injunctive relief.

Defendant Bellotti moved to dismiss the complaint against him, which WilmerHale opposed and which was denied without prejudice. (Docket Nos. 58, 62, 75). WilmerHale engaged in discovery on Ford's behalf, which included drafting and responding to discovery requests, the production and review of thousands of pages of documents, and the depositions of 10 fact witnesses. ( See WilmerHale Mem. (Docket No. 214) at 2). According to WilmerHale, counsel had difficulty gaining access to their client, and were forced to file a motion “to compel DOC to comply with regulations governing telephone access to counsel.” (Docket No. 65). The matter was eventually resolved by agreement. (Docket No. 69).

The Summary Judgment Motions

On September 14, 2009, Bellotti filed a motion for summary judgment (Docket No. 87), as did the DOC defendants (DOC, Clarke, Bender, Nelson and St. Amand). (Docket No. 90). Ford filed a motion for partial summary judgment on that date as well. (Docket No. 94). There was extensive briefing and oral argument.

On December 1, 2009, the court granted Bellotti's motion for summary judgment. (Docket No. 121). On September 30, 2010, 2010 WL 3860628, this court issued a decision on the remaining cross-motions for summary judgment. (Docket No. 130). Judgment was entered in accordance with this decision on November 16, 2010, 2010 WL 4781757. (Docket No. 140). This court ruled that the defendants Bender and St. Amand, acting in both their individual and official capacities, violated Ford's substantive due process rights under the United States Constitution and the Massachusetts Declaration of Rights by confining him in the DDU as a pretrial detainee as punishment for misconduct that occurred while Ford was serving a prior sentence, which had since been completed. (Docket No. 140). In addition, the court declared, based on the same conduct, that Bender, acting in both his individual and official capacities, had violated's Ford's federal and state constitutional rights to procedural due process by incarcerating Ford in the DDU without affording him a new hearing, and that Bender, in his official capacity, had violated Ford's federal and state procedural due process rights by confining Ford in the DDU following his 2008 conviction, again without affording him a new hearing. (Docket No. 140). The claims against the DOC and Clarke and Nelson were dismissed without opposition, as were Counts Five, Six, Ten and Eleven against all defendants, and the procedural due process claims contained in Counts Three and Four against St. Amand. ( See Docket No. 130 at n. 1). The defendants' motion for summary judgment as to the equal protection claims (Counts Seven and Eight) was denied as there were material facts in dispute.

Subsequent Proceedings

Following the summary judgment decision, Ford filed a “Motion for Release from Unlawful Confinement” (Docket No. 132) and, on November 8, 2010, the court gave the DOC until November 16, 2010 to determine Ford's future housing placement, and until November 24, 2010 to hold a hearing in connection with any effort to confine him in a segregated unit. (Docket No. 138). On November 16, 2010, the DOC requested an extension of these deadlines, which the court granted on November 17, 2010. ( See Docket No. 142, and Docket Entry dated 11/17/2010).

On or about November 14, 2010, Ford was given Disciplinary Report # 212833 for allegedly threatening a staff member and destroying state property, i.e., using a sheet to make a “fishing line.” This Report was dismissed by the DOC. On November 17, 2010, a new disciplinary report was issued, adding DDU-eligible charges and citing additional statements allegedly made by Ford. Ford denied making any of the alleged statements. ( See Docket No. 144).

Ford requested that this court oversee his disciplinary hearing. That request was denied, although he was allowed to take discovery about the events leading to the disciplinary charge. ( See Docket Nos. 144, 157). A DDU hearing was conducted into the disciplinary charges and, on December 15, 2010, Ford was given a 10 month DDU sanction for this offense. Ford challenged this sanction in a State Court certiorari proceeding pursuant to Mass. Gen. Laws ch. 249, § 4, although the status of that case is unknown to this court at this time. The new 10 month DDU sanction relieved the DOC from having to make an immediate decision as to where to house Ford, as he was now deemed to be serving the 10 month sentence in the DDU.

Ford remained in the DDU for this new offense until August 4, 2011, when he completed his 10 month DDU sanction. According to the DOC, he was moved to the general population unit at the Souza–Baranowski Correctional Center (“SBCC”), a maximum-security prison located in Shirley, Massachusetts, where, to the best of this court's knowledge, he remained.

The Trial

Prior to trial, Ford dropped his outstanding equal protection claims. (Docket No. 170 at n. 1). A three day trial was held on July 25, 26 and 27, 2011. Shortly before trial, the parties filed eleven motions in limine, some of...