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Wolfe v. Green et al

Doc. 266

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

ROGER WOLFE, Plaintiff, v. PAUL J.K. D.L. WEST A. GREEN, JASON S. CRANE, RAPP, KRISTY L. LAYNE, LEMMON, and VIRGINIA STATE POLICE, Defendants. Civil Action No. 2:08-01023

MEMORANDUM OPINION AND ORDER

Pending is plaintiff Roger Wolfe's motion for award of attorneys' fees, costs and expenses, filed December 18, 2009. Plaintiff seeks a total of $299,560.17 in attorneys' fees, $37,355.19 in costs, and $52,059.42 in expert witness expenses.1

I.

Mr. Wolfe instituted this action by filing a complaint in the Circuit Court of Kanawha County, West Virginia on July 21,

Plaintiff's original fee petition sought $274,538.60 in attorneys' fees, $34,885.06 in costs, and $52,059.42 in expert witness expenses. Plaintiff revised these figures in his reply brief by adding the fees and costs associated with the reply brief as well as subtracting the costs associated with plaintiff's unsuccessful motion to remand.

1

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2008.

Plaintiff's claims stem from allegations that he was

severely beaten by several West Virginia State Police Troopers at the State Police barracks in South Charleston, on June 16, 2007. (Pl.'s Memo 1). Following the beating, plaintiff was taken to

the emergency room at Thomas Memorial Hospital, where he claims that Dr. Jason Tackett allowed Trooper Rapp to interrogate plaintiff prior to treating his serious injuries. (Id. at 2).

Defendants contend that plaintiff was not beaten, but rather, sustained his injuries from an accidental fall while he was intoxicated. (Defs.' Resp. 8). The parties offer two distinctly

different versions of the facts leading to plaintiff's claims. However, inasmuch as the plaintiff has accepted the State Police defendants' Rule 68 offer of judgment, the factual allegations of the parties are no longer at issue and need not be discussed beyond that necessary to an understanding of the reasonableness of the requests for fees and costs.

Plaintiff's ten-count complaint named Trooper Green, Trooper Crane, Trooper Layne, Sergeant Rapp, Dr. Tackett and Emergency Medicine Physicians of Kanawha County, PLLC ("EMP"), as well as the Superintendent of the West Virginia State Police, D. L. Lemmon ("Superintendent Lemmon"), the West Virginia State Police ("WVSP"), and John Does 1-3 as defendants.2 The complaint states that "[d]efendants John Does 1-3 are persons involved, but presently unidentified in the events set (continued...) 2
2

The following claims are set forth: Count I, Violation of 42 U.S.C.

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