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Miller v. Dugan

United States Court of Appeals, Eighth Circuit

August 21, 2014

John Edward Miller, Plaintiff - Appellant,
v.
Kevin R. Dugan; Jerrod Wayne Scott; City of Barling, Defendants - Appellees

Submitted June 11, 2014.

Page 827

Appeal from United States District Court for the Western District of Arkansas - Ft. Smith.

For John Edward Miller, Plaintiff - Appellant: Stephen Joseph Capron, Capron & Edwards, Tulsa, OK.

For Kevin R. Dugan, Jerrod Wayne Scott, City of Barling, Defendants - Appellees: Clyde Burt Newell, Law Offices of C. Burt Newell, Hot Springs, AR; Ralph Charles Ohm, Nicholas Rudolph Windle, Hot Springs, AR.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 828

COLLOTON, Circuit Judge.

John Miller sued law enforcement officers Kevin Dugan and Jerrod Scott, as well as the City of Barling, Arkansas, pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the First and Fourth Amendments to the United States Constitution. He also brought several tort claims under Arkansas law. The district

Page 829

court[1] entered judgment in Miller's favor in the amount of $40,000 after Miller accepted the defendants' offer of judgment under Federal Rule of Civil Procedure 68. The district court, after considering filings from the parties, also awarded him $35,875 in attorney's fees and $2,115.80 in costs.

Miller appeals the district court's denial of prejudgment interest on his state-law claims. He also disputes the district court's denial of an evidentiary hearing on his motion for attorney's fees and costs, and the court's ultimate award of attorney's fees. We affirm.

I.

Miller sued Dugan, Scott, and the City in July 2011. His amended complaint, filed in August 2012, alleged that the officers had violated his First and Fourth Amendment rights in an April 2010 encounter by conducting unlawful searches and seizures, using excessive force, and retaliating against him for his speech. He also brought claims of negligence, assault, battery, wrongful arrest, ...


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