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Conflict of Laws Keyed to Kay, 11th Ed.
Chesny v. Marek
Citation:
720 F.2d 474 (1983)Facts
Alfred Chesny brought a civil rights action under 42 U.S.C. § 1983 against police officers J. Marek and others for the death of his decedent, Steven Chesny. The defendants made a timely Rule 68 settlement offer for $100,000, inclusive of costs and attorney’s fees then accrued. Chesny rejected this offer and proceeded to trial. The jury returned a verdict in Chesny’s favor for $60,000. The parties agreed that reasonable attorney’s fees and costs accrued up to the date of the settlement offer totaled $32,000. The combined amount of the verdict and accrued fees ($92,000) was less favorable than the defendants’ $100,000 settlement offer. The district court awarded Chesny only the $32,000 in pre-offer fees and costs, denying any award for legal work performed after the settlement offer was rejected.
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