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Civil Procedure Keyed to Babcock
Marek v. Chesny
Citation:
473 U.S. 1 (1985)Facts
Defendant Marek was one of the officers responsible for shooting and killing Steven Chesny while responding to a domestic disturbance call. Plaintiff, decedent’s father and administrator of his estate, filed suit against the officers alleging a violation of 42 U.S.C. § 1983 and state tort law. Before trial defendants made a settlement offer for $100,000, including costs and attorneys’ fees. Plaintiff Chesny rejected the offer and proceeded to trial where he won and was only awarded $60,000 total in damages. Post-trial, Plaintiff Chesny filed a request for $171, 692.47 in costs and attorneys’ fees. Defendants disagreed arguing that the pre-trial settlement offer was greater than the judgement award and therefore under FRCP 68 Chesny was not entitled to attorneys’ fees. The trial court denied Plaintiff Chesny’s request and he appealed. The court of appeals reversed, finding that imposing FRCP 68 in situations where attorneys’ fees might normally be awarded under 42 U.S.C. § 1988 would be contrary to the civil rights spirit of § 1983 and § 1988. The officers appealed and the Supreme Court of the United States granted certiorari.
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