Marek et al. v. Chesny, Individually, and As Administrator of the Estate of Chesny (473 U.S. 1)
U.S. Supreme Court · decided June 27, 1985 · Supreme Court Database (Spaeth)
- Citation
- 473 U.S. 1 · 105 S. Ct. 3012
- Decided
- June 27, 1985
- Term
- October Term 1984
- Vote
- 6–3
- Majority author
- Justice Burger
- Issue area
- Attorneys
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court. We granted certiorari to decide whether attorney’s fees incurred by a plaintiff subsequent to an offer of settlement under Federal Rule of Civil Procedure 68 must be paid by the defendant under 42 U. S. C. § 1988, when the plaintiff recovers a judgment less than the offer. I Petitioners, three police officers, in answering a call on a domestic disturbance, shot and killed respondent’s adult son. Respondent, in his own behalf and as administrator of his son’s estate, filed suit against the officers in the United States District Court under 42 U. S. C. § 1983 and state tort law. Prior to trial, petitioners made a timely offer of settlement “for a sum, including costs now accrued and attorney’s fees, of ONE HUNDRED THOUSAND ($100,000) DOLLARS.” Respondent did not accept the offer. The case went to trial and respondent was awarded $5,000 on the state-law “wrongful death” claim, $52,000 for the § 1988 violation, and $3,000 in punitive damages. Respondent filed a request for $171,692.47 in costs, including attorney’s fees. This amount included costs incurred after the settlement offer. Petitioners opposed the claim for postoffer costs, relying on Federal Rule of Civil Procedure 68, which shifts to the plaintiff all “costs” incurred subsequent to an offer of judgment not exceeded by the ultimate recovery at trial. Petitioners…
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