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Civil Procedure Keyed to Rowe
Marek v. Chesny
Citation:
473 U.S. 1 (1985)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Marek (Defendant) was a police officer who shot and killed Steven Chesny while responding to a domestic disturbance call. Steven’s father (Plaintiff) filed a civil rights lawsuit against Marek. Before trial, the defendants made a settlement offer for $100,000, including costs and attorneys’ fees. Plaintiff rejected the offer and proceeded to trial. The jury decided the case for Chesny, but awarded him only $60,000 in damages. Plaintiff then filed a request for costs and attorneys’ fees. The defendants argued that plaintiff was not entitled to attorneys’ fees under Rule 68, because the pre-trial settlement offer was greater than the damages award. The district court denied plaintiff’s request for fees.
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