Page v. Muzyn

This matter is before the court on plaintiffs petition for attorney fees on appeal. Plaintiff used a percentage formula to determine the requested fee. Defendants’ sole objection is that ORAP 13.10(3) requires use of an hourly rate times hours formula and does not authorize use of a percentage formula. We disagree, and allow the petition.

Plaintiff sued defendants, who are a local government and a police officer, for a deprivation of civil rights under 42 USC § 1983, 1 and obtained ajudgment for damages and attorney fees. Defendants appealed, and we affirmed without opinion. Page v. Muzyn, 119…