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District of Columbia v. Jackson6/30/2005
Argued January 19, 2005
Before SCHWELB and RUIZ, Associate Judges, and BELSON, Senior Judge.
This appeal arises from wrongful death and survival actions brought by appellee Felicia Jackson in her capacity as the personal representative of the estate of her brother Terrence Hicks against the District of Columbia and several Metropolitan Police Department officers. Appellants, District of Columbia and the officers found liable, contend that the filing of Jackson's motion for attorney's fees was untimely. We agree, and reverse.
I.
On August 16, 1994, Hicks was shot to death by several officers during a hostage situation in which Hicks held his own mother at knifepoint. Jackson offered three theories of liability: assault and battery, negligence per se, and use of excessive force in violation of 42 U.S.C. § 1983. On June 22, 1998, following a jury trial, the Superior Court entered judgment in Jackson's favor on all three counts, awarding $2,149,999 in compensatory damages and $3,999,000 in punitive damages. On post-trial motion by the District, the trial court remitted the compensatory damages award to $180,000, left intact the punitive damages award and, on June 29, 1999, entered an amended judgment to that effect. Both parties appealed the amended judgment. In District of Columbia v. Jackson, 810 A.2d 388 (D.C. 2002) (Jackson I), this court affirmed the remittitur, reversed the award of punitive damages, and held that the evidence adequately supported the jury's verdict. Id. at 390. On April 18, 2003, Jackson's petition for rehearing en banc was denied.
On May 6, 2003, Jackson filed a motion for $344,418.75 in attorney's fees and $20,114.03 in costs under 42 U.S.C. § 1988 as the prevailing party in her § 1983 "excessive force" claim. The District opposed, arguing inter alia that, in light of the provision of D.C. Super. Ct. Civ. R. 54 (d)(2)(B) that a motion for attorney's fees "must be filed no later than 14 days after entry of judgment," Jackson was required to file the motion within fourteen days of the original judgment (entered June 22, 1998), or the amended judgment reflecting the remittitur (entered June 29, 1999). The District also argued to the trial court that, because Jackson did not file such a motion before the appeal on the merits, this court was given no reason to address in Jackson I the District's qualified immunity arguments which have since become relevant given Jackson's post-appeal claim of fees as a § 1988 "prevailing party." On May 23, 2003, Jackson moved for entry of an amended judgment reflecting this court's decision in Jackson I, supra. The District did not oppose the entry of an amended judgment, but argued that it would not render Jackson's motion for attorney's fees timely. Jackson argued in response that the entry of an amended judgment would trigger a new fourteen-day period under Rule 54 (d)(2)(B).
On July 11, 2003, the trial court denied Jackson's motion for attorney's fees without prejudice and, on July 14, 2003, the trial court entered a second amended judgment reflecting this court's ruling in Jackson I. Jackson filed a renewed motion for attorney's fees and costs on July 29, 2003. The District again opposed the motion. The trial court granted Jackson's motion for attorney's fees in part on October 17, 2003, ruling that the fourteen-day period specified in Rule 54 (d)(2)(B) began anew upon the entry of the second amended judgment, and that therefore the request was timely. The trial court also ruled that the District was not prejudiced by the trial court's willingness to entertain Jackson's motion since, where there is an appeal in which there is a claim of reversible error, "it is the Court's standard p
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