McDonough v. City of Quincy

• Decision Date: 26 January 2005
• Docket Number: No. CIV.A.01-11860 WGY.,CIV.A.01-11860 WGY.
• Citation: 353 F.Supp.2d 179
• Parties: John MCDONOUGH, Plaintiff, v. CITY OF QUINCY, Defendant.
• Court: U.S. District Court — District of Massachusetts

353 F.Supp.2d 179

John MCDONOUGH, Plaintiff, v. CITY OF QUINCY, Defendant.

No. CIV.A.01-11860 WGY.

United States District Court, D. Massachusetts.

January 26, 2005.

COPYRIGHT MATERIAL OMITTED

Marisa A. Campagna, The Law Office of Marisa Campagna, Boston, MA, for John McDonough, Plaintiff.

Christine Marie Griffin, City Solicitor's Office, Quincy, MA, for Quincy, City of, Defendant.

David F. Grunebaum, Tobin, Sullivan, Fay & Grunebaum, Wellesley, MA, for Quincy, City of, Defendant.

Joseph A. MacRitchie, City Solicitor, City of Quincy, Quincy, MA, for Quincy, City of, Defendant.

Joseph A. Sarno, Jr., Gilman & Holtz, P.C., Boston, MA, for Quincy, City of, Defendant.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

This application for attorney's fees follows a trial between Plaintiff John McDonough ("McDonough") and the City of Quincy ("City"). Filed under Title VII, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"), and chapter 151B of Massachusetts General Laws, McDonough sought to recover damages for acts of retaliation allegedly taken against him by the City of Quincy. Pl.'s Compl. [Docket No. 1]. After a jury trial, a verdict was returned in favor of McDonough awarding $300,000 in damages. Jury Ver. [Docket No. 91]. Thereafter, McDonough filed a timely motion requesting attorney's fees and costs. Mot. for Atty's Fees and Costs [Docket No. 93]. In response, the City of Quincy filed a Motion for Judgment as a Matter of Law [Docket No. 98], which was denied. The issue before the Court concerns the amount to award McDonough in attorney's fees and costs in accordance with both Title VII and chapter 151B of Massachusetts General Laws.

McDonough originally requested attorney's fees in the amount of $144,706.25 and costs in the amount of $8,990.41, for a total of 153,696.66 absent any interest. Pl.'s Mem. of Law in Supp. of Mot. for Atty's Fees [Docket No. 94] ("Pl.'s Mem.") at 8[sic]. McDonough further requests prejudgment interest from the date of filing the Complaint, October 30, 2001, and post judgment interest on all amounts awarded from the date of judgment, April 21, 2004. Id. at 7[sic]. The City of Quincy filed a Motion in Opposition, stating, inter alia, that McDonough requested an incorrect rate for paralegal Brendan Ward — one that was not consistent with other documentation and supporting affidavits submitted by McDonough. Opp'n of the Def. City of Quincy to Pl.'s Mot. for Atty's Fees and Costs [Docket No. 102] ("Def.'s Opp'n") at 12. In response, McDonough admits that the rate requested for Brendan Ward is incorrect and asks that the Court adjust the bill submitted accordingly. Pl.'s Reply to Def.'s Opp'n to Pl.'s Mot. for Atty's Fees and Costs [Docket No. 104] ("Pl.'s Reply") at 5.

I. BACKGROUND

McDonough began work for the Quincy Police Department in December 1969. Def. City of Quincy's Mem. in Supp. of Its Mot. for Summ. J. [Docket No. 53] ("Def.'s Mem.") at 2. McDonough became a lieutenant in 1984 and in October 1990 he was assigned as Head of the Organized Crime Unit ("Drug Unit"). Id.; see also Pl.'s Statement of Disp. Mat. Facts in Supp. of Pl.'s Opp'n to Def.'s Mot. for Summ. J. [Docket No. 63] ("Pl.'s Statement of Facts") at 1. In 1997, McDonough learned of a situation in which Sargent Charles Middendorf ("Middendorf") allegedly harassed Detective Nancy Coletta ("Coletta"). Pl.'s Statement of Facts at 1. On March 6, 1997, Coletta had a meeting with several City officials to discuss several allegations of harassment by officers in the Quincy Police Department. Id. at 2. The City did not take action against the officers Coletta reported. Id.

In April 1997, McDonough sent a letter to then-Mayor James Sheets ("Sheets") noting several problems he perceived in the Quincy Police Department. Def.'s Mem. at 3. On invitation to do so, McDonough later that month presented a report to Sheets that discussed several perceived problems within the Quincy Police Department, including reference to the alleged incident of harassment between Middendorf and Coletta. Id. at 3-4; see also Pl.'s Statement of Facts at 2.

Alleged incidents of harassment toward Coletta continued at the Department, including an incident in which Sargent Lukeman ("Lukeman") allegedly chased her through the station screaming at her. Pl.'s Statement of Facts at 3. In August 1999, Coletta met with Chief Thomas Frane ("Frane") and brought a list of multiple incidents of alleged harassment. Id. Upon hearing of Coletta's thoughts of filing suit, McDonough gave a copy of the page of his report referencing harassment against Coletta to Sargent Susan Perch ("Perch"), and further asked Perch to advise Coletta that he would testify on her behalf if need be. Id. In March 2000, Coletta filed a Charge of Discrimination with the Massachusetts Commission Against Discrimination. Id.

On May 8, 2000, McDonough was transferred to the day shift by Chief Thomas Frane ("Frane"), resulting in a fifteen percent pay cut. Id. at 4. A number of other officers were also transferred within the Department at that time. Def.'s Mem. at 7. Following the transfer, Sargent Glynn told McDonough that he no longer had authority to sign overtime slips for the officers in the Drug Unit. Pl.'s Statement of Facts at 6. In March 2001, McDonough was told that he no longer had the authority to sign court slips for the members of the Drug Unit, which are essentially overtime slips for court appearances. Id.

Due to concerns regarding possible violation of his civil rights, McDonough called Acting Chief Terence Kelly ("Kelly") to discuss his changes in authority. Id. at 8. McDonough became aggravated and grew quite loud during the conversation. Id. Soon after, McDonough drafted a letter to personnel director Kevin Madden to discuss his concerns. Id. at 9-10. During a meeting with Madden, Falco, and McDonough, Madden placed a call to Dr. Donald Seckler ("Seckler"), a psychologist who had done previous work with the City. Id. at 10. At the meeting, it was decided that McDonough ought be put on administrative leave and his gun taken away pending evaluation. Id. Madden later asserted that Dr. Seckler advised Madden to take these actions, although Dr. Seckler denied making any such recommendations. Id. at 10-11.

McDonough alleges that he had learned of ties between Captain Robert Crowley ("Crowley") and people involved in illegal activities that were being investigated by the Drug Unit. Id. at 13. McDonough felt that loss of his signing authority had been initiated by Crowley to prevent officers from attending the grand jury investigations against Crowley, and that these and other actions were a result of his assistance to Coletta. Id. at 16; see also Def.'s Mem. at 8. On October 31, 2001, McDonough filed a claim alleging retaliation under Title VII and under chapter 151B of Massachusetts General Laws. Pl.'s Compl. The City of Quincy moved for summary judgment, which motion was denied by Judge Tauro.¹ Following a jury trial, the jury entered a verdict for McDonough awarding $300,000 in damages. Jury Ver. McDonough here claims fees, costs, and interest.

III. DISCUSSION

Under the "American Rule," prevailing parties are not ordinarily entitled to collect attorney's fees from the losing parties. E.g., Alyeska Pipeline Serv. Co. v. Wilderness Soc'y, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975) (superceded by statute on other grounds). The Supreme Court has refused to alter this rule unless expressly authorized by Congress. Id. Prevailing parties are expressly authorized to seek attorney's fees for claims under both Title VII and Massachusetts General Laws chapter 151B. 42 U.S.C. § 2000e-5(k);² Mass. Gen. Laws. ch. 151B § 9.³ As McDonough prevailed on claims under both Title VII and chapter 151B, he is entitled to seek reasonable attorney's fees and costs. The district court has broad discretion to determine the reasonable fees and costs that should be awarded. Phetosomphone v. Allison Reed Group, Inc., 984 F.2d 4, 6 (1st Cir.1993) (stating that in determining reasonable attorney's fees, "the trial court's range of discretion is particularly broad.").

In determining attorney's fees, the First Circuit applies the "lodestar method." Grendel's Den, Inc. v. Larkin, 749 F.2d 945, 950 (1st Cir.1984). Under the "lodestar" paradigm, the court must determine a lodestar figure by multiplying the number of hours productively expended by counsel by a reasonable hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). This figure represents an initial estimate of reasonable fees which may be adjusted upward or downward based on factors particular to the case at hand. Id. at 434, 103 S.Ct. 1933. There is a "strong presumption," however, that the lodestar figure reflects a reasonable assessment of fees to be awarded. System Mgmt., Inc. v. Loiselle, 154 F.Supp.2d 195, 203-04 (D.Mass.2001), rev'd on other grounds, 303 F.3d 100 (1st Cir.2002), (citing Pennsylvania v. Del. Valley Citizens' Council for Clean Air, 478 U.S. 546, 555, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986) (discussing the fee-shifting provision of the Clean Air Act)). Finally, the court is to determine the reasonable and necessary expenses that ought be awarded. Id. (citations omitted).

A. Attorney's Fees

a. Hours Reasonably Expended

In calculating the lodestar estimate, only hours that were reasonably expended on the litigation ought be included. Hensley, 461 U.S. at 433, 103 S.Ct. 1933. Under the framework of Hensley, the court may reduce the number of hours asserted by the prevailing party if documentation is inadequate, or if effort put forth was "excessive, redundant, or otherwise unnecessary." Id. at 433-34, 103 S.Ct. 1933; Grendel's Den, Inc., 749 F.2d at 950 (stating that "hours which were duplicative, unproductive, excessive, or otherwise unnecessary" should be subtracted from the number of hours actually invested). The First Circuit requires that the...