District courts may rely on their own experience and knowledge of prevailing market rates when determining reasonable hourly rates for attorney fees.
A sixteen-year-old arrested for skateboarding in a parking lot sues a police officer and the city under 42 U.S.C. § 1983, alleging excessive force during handcuffing. The officer appeals a jury verdict finding a Fourth Amendment violation, arguing qualified immunity and insufficient proof of injury. The court holds that qualified immunity is immunity from suit, but the evidence of significant pain, severe bruising, and expert testimony regarding permanent impairment and vocational disability distinguishes this case from prior precedents requiring only minor injuries. The court affirms the denial of the directed verdict. Regarding attorney’s fees, the court affirms the district court’s discretion in setting reasonable hourly rates based on its knowledge of prevailing market rates in the jurisdiction.
At page 825 Determining attorney fees and reasonable hourly rates156 citing cases“when determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.”
- Clayton Int'l, Inc. v. Nebraska Armes Aviation, LLC, No. 8:21-cv-00309 (D. Neb. Aug. 28, 2025).(Attorney[s'] fees are within the broad discretion of the district court)
- Clayton Int'l, Inc. v. Nebraska Armes Aviation, LLC, No. 8:21-cv-00309 (D. Neb. Aug. 27, 2025).(Attorney[s'] fees are within the broad discretion of the district court)
- Knapp v. Compass Minnesota, LLC, No. 0:24-cv-00100 (D. Minn. Aug. 9, 2024). (District courts may rely on their own experience and knowledge of prevailing market rates.)
- Krekelberg v. Anoka Cnty., No. 0:13-cv-03562 (D. Minn. July 27, 2023).(When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.)
- Missouri Primate Found. v. People for the Ethical Treatment of Animals, Inc., No. 4:16-cv-02163 (E.D. Mo. Mar. 27, 2023).(When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.)
- Iceotope Grp. Ltd. v. LiquidCool Solutions, Inc., No. 0:20-cv-02644 (D. Minn. Feb. 15, 2023).(When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.)
- Toigo v. Dep't of Health & Senior Servs., No. 2:20-cv-04243 (W.D. Mo. Jan. 24, 2022).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- Scott C. v. Riverview Gardens Sch. Dist., No. 2:18-cv-04162 (W.D. Mo. Sept. 3, 2020).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- M.B. v. Tidball, No. 2:17-cv-04102, 2020 WL 1666159 (W.D. Mo. Apr. 3, 2020).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- Brown v. Precythe, No. 2:17-cv-04082, 2020 WL 1527160 (W.D. Mo. Mar. 30, 2020).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
Show 146 more citing cases
- Trinity Lutheran Church of Columbia, Inc. v. Pauley, No. 2:13-cv-04022 (W.D. Mo. Nov. 7, 2018).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- Washington v. Denney, No. 5:14-cv-06118, 2017 WL 4399566 (W.D. Mo. Oct. 3, 2017).(The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- Quigley v. Winter, 598 F.3d 938 (8th Cir. 2010).published (The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.)
- Doe, No. 4:23-cv-00696 (E.D. Ark. Aug. 31, 2026).“When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Bryant v. Jeffrey Sand Co., 919 F.3d 520, 529 (8th Cir. 2019) (quoting Hanig v. Lee, 415 F.3d 822, 825 (…
- Peterson, No. 0:23-cv-03769 (D. Minn. Aug. 3, 2026).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005) (citation omitted); see also Hensley, 461 U.S. at 433 .
- Fort Worth Partners, LLC v. Nilfisk, Inc. & Nilfisk Holding A/S, a Danish Corp., No. 5:22-cv-05181 (W.D. Ark. Mar. 30, 2026).“When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Bryant v. Jeffrey Sand Co., 919 F.3d 520, 529 (8th Cir. 2019) (quoting Hanig v. Lee, 415 F.3d 822, 825 (…
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Mar. 3, 2026).Thus, the court is free to “rely on [its] own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Jan. 5, 2026).Thus, the court is free to “rely on [its] own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Singh, No. 0:25-cv-00378 (D. Minn. Dec. 9, 2025).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Stewart, No. 4:25-cv-04007 (D.S.D. Dec. 5, 2025).Here, this Court chooses to calculate a reasonable award of attorney’s fees 12 utilizing the lodestar method “by multiplying the number of hours reasonably expended by the reasonable hourly rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir.…
- Missouri Primate Found. et al. v. People for the Ethical Treatment of Animals, Inc. et al. v. Tonia Haddix, No. 4:16-cv-02163 (E.D. Mo. Oct. 21, 2025).Int'l Corp., 132 F.4th 1047, 1056 (8th Cir. 2025) (cleaned up) (citing Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005)).
- Miller v. Ziegler a. This case has been Consol. with case No. 2:21-cv-04238-MDH. All filings should be docketed in THIS CASE., No. 2:21-cv-04233 (W.D. Mo. Sept. 24, 2025).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- T&T Mgmt., Inc. v. Choice Hotels Int'l, Inc., No. 0:24-cv-01504 (D. Minn. Aug. 4, 2025).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Silver Bow Trust U/T/A v. Verde Mobility, Inc., No. 0:24-cv-04271 (D. Minn. May 6, 2025).Whether to award attorneys’ fees is “within the broad discretion of the district court.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Osseo Area Schs., Indep. Sch. Dist. No. 279 v. A.J.T., No. 0:21-cv-01453, 2025 WL 904492 (D. Minn. Mar. 25, 2025).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Lisa Woodward v. Credit Serv. Intl. Corp., 132 F.4th 1047 (8th Cir. 2025).publishedWhen determining whether the requested hourly rate is reasonable, a district court may “rely on [its] own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Grandson v. W. Lake Superior Piping Indus. Pension Plan, No. 0:23-cv-00214 (D. Minn. Mar. 21, 2025).District courts may also “rely on their own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Glass-Inspiration GMBH Design + Eng'g v. M.G. McGrath, Inc. Glass & Glazing, No. 0:24-cv-03315 (D. Minn. Mar. 18, 2025).District courts may also “rely on their own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Esperance v. Vilsack, No. 5:20-cv-05055 (D.S.D. Jan. 15, 2025).Hensley v, Eckerhart, 461 U.S. 424, 433 (1983); Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Sanders v. Union Pac. R.R. Co., No. 4:20-cv-03023 (D. Neb. Jan. 14, 2025).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Zhulin v. I.Q. Data Int'l, Inc., No. 0:23-cv-02387 (D. Minn. Oct. 28, 2024). Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Sept. 5, 2024).Thus, the court is free to “rely on [its] own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- In Re: Lindell Mgmt. LLC Litig., No. 0:23-cv-01433 (D. Minn. Aug. 8, 2024).Minn. Jan. 22, 2024) (quoting Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005)).
- Dakotans for Health v. Ewing, No. 5:23-cv-05042 (D.S.D. July 10, 2024).“The starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005) ( cleaned up and…
- The Reach Healthcare Found. v. SRZ Reach LTC, No. 4:23-cv-00228 (E.D. Mo. June 6, 2024).“When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Bryant v. Jeffrey Sand Co., 919 F.3d 520, 529 (8th Cir. 2019) (quoting Hanig v. Lee, 415 F.3d 822, 825 (…
- Huntington Nat'l Bank v. Physician's Auditing & Billing Servs. Inc., No. 0:22-cv-02271 (D. Minn. June 4, 2024).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Black Hills Clean Water All. v. United States Forest Serv., 733 F. Supp. 3d 801 (D.S.D. 2024).publishedHensley v. Eckerhart, 461 U.S. 424, 433 (1983); Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Watkins v. Lawrence Cnty., Arkansas, No. 3:17-cv-00272 (E.D. Ark. Apr. 1, 2024). “When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Bryant v. Jeffrey Sand Co., 919 F.3d 520, 529 (8th Cir. 2019) (quoting Hanig v. Lee, 415 F.3d 822, 825 (…
- Clark v. Sw. Energy Co., No. 4:20-cv-00475 (E.D. Ark. Mar. 27, 2024).“When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Bryant v. Jeffrey Sand Co., 919 F.3d 520, 529 (8th Cir. 2019) (quoting Hanig v. Lee, 415 F.3d 822, 825 (…
- Stewart v. Golden Victory Med. LLC, No. 0:22-cv-02145 (D. Minn. Mar. 26, 2024).“When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates.” Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Steckelberg v. Chamberlain Sch. Dist., No. 4:21-cv-04147 (D.S.D. Mar. 18, 2024).Hensley v. Eckerhart, 461 U.S. 424, 433 (1983); Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Feb. 8, 2024).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005); Finley v. Hartford Life & Accident Ins.
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Jan. 31, 2024).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005); Finley v. Hartford Life & Accident Ins.
- Farnam Street Fin. Inc v. Nabati Foods, Inc, No. 0:23-cv-00254 (D. Minn. Jan. 24, 2024).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- Woodward v. Credit Serv. Int'l Corp., No. 0:23-cv-00632 (D. Minn. Jan. 22, 2024).Hanig v. Lee, 415 F.3d 822, 825 (8th Cir. 2005).
- James Trickey v. Kaman Indus. Tech., 705 F.3d 788 (8th Cir. 2013).published
- Emergency Med. Servs., Inc. v. St. Paul Mercury Ins., 495 F.3d 999 (8th Cir. 2007).published
- Ladd v. Pickering, 783 F. Supp. 2d 1079 (E.D. Mo. 2011).published
- Ne. Iowa Citizens for Clean Water v. Agriprocessors, Inc., 489 F. Supp. 2d 881 (N.D. Iowa 2007).published
- Dorr v. Weber, 741 F. Supp. 2d 1022 (N.D. Iowa 2010).published
- Roger Fires v. Heber Springs Sch. Dist., 565 F. App'x 573 (8th Cir. 2014).unpublished
- Emergency Med. v. St. Paul Mercury, No. 05-3859 (8th Cir. July 26, 2007).published
- Maria Childress v. Fox Assocs., 932 F.3d 1165 (8th Cir. 2019).published
- M.B. v. Jennifer Tidball, 18 F.4th 565 (8th Cir. 2021).published
- Phelps v. Powers, 90 F. Supp. 3d 833 (S.D. Iowa 2015).published
- Chen v. Wen Jing Huang, 33 Mass. L. Rptr. 499 (Mass. Super. Ct. 2016).published
- ResCap Liquidating Trust v. Primary Residential Mortg., 59 F.4th 905 (8th Cir. 2023).published
- Smith v. Om Purshantam LLC, No. 4:18-cv-00797, 2021 WL 1230468 (E.D. Ark. Mar. 31, 2021).
- Ghess v. Kaid, No. 2:19-cv-00021, 2021 WL 3891561 (E.D. Ark. Aug. 31, 2021).
- Bonds v. Langston Companies Inc, No. 3:18-cv-00189, 2021 WL 4130508 (E.D. Ark. Sept. 9, 2021).
- Wright v. Tyler Tech. Inc, No. 4:20-cv-00454 (E.D. Ark. Sept. 17, 2021).
- BMO Harris Bank N.A. v. Alton Bean Trucking, Inc., No. 6:16-cv-06118 (W.D. Ark. May 6, 2019).
- Franklin v. Magnolia Flooring Mill, LLC, No. 1:17-cv-01073, 2019 WL 2427952 (W.D. Ark. June 10, 2019).
- Cook v. Ephie, No. 2:18-cv-02155 (W.D. Ark. June 10, 2019).
- Reygadas v. DNF Assocs. LLC, No. 2:18-cv-02184 (W.D. Ark. Dec. 23, 2019).
- Pro-Fab, LLC v. Phillip Smith Contracting, Inc., No. 4:21-cv-04032 (W.D. Ark. Sept. 30, 2022).
- Arkansas United v. Thurston, No. 5:20-cv-05193 (W.D. Ark. Jan. 13, 2023).
- Dakota Matting & Env't Solutions, LLC v. Texas CLT, LLC, No. 1:22-cv-01048 (W.D. Ark. July 28, 2023).
- Harris v. Chipotle Mexican Grill, Inc., No. 0:13-cv-01719, 2018 WL 617972 (D. Minn. Jan. 29, 2018).
- Christianson v. Markquart, No. 0:16-cv-01034 (D. Minn. July 19, 2018).
- Price v. Midland Funding LLC, No. 0:18-cv-00509 (D. Minn. Oct. 17, 2018).
- Price v. Midland Funding LLC, No. 0:18-cv-00509 (D. Minn. Oct. 22, 2018).
- Blue Package Delivery, LLC v. Express Messenger Sys., Inc., No. 0:17-cv-04329 (D. Minn. Nov. 19, 2018).
- Nesse v. Hodges Cleaning Co., No. 0:18-cv-00099 (D. Minn. Dec. 26, 2018).
- G.C. v. South Washington Cnty. Sch. Dist. 833, No. 0:17-cv-03680 (D. Minn. Apr. 3, 2019).
- In Re: RFC & RESCAP Liquidating Trust Litig., No. 0:13-cv-03451 (D. Minn. June 21, 2019).
- Paisley Park Enter., Inc. v. Boxill, No. 0:17-cv-01212 (D. Minn. June 28, 2019).
- Mackey v. J & J Holdings, LLC, No. 0:18-cv-02591 (D. Minn. July 17, 2019).
- Roth v. Life Time Fitness, Inc., No. 0:16-cv-02476 (D. Minn. July 22, 2019).
- Bigham v. Don Haught, Inc., No. 0:18-cv-01752 (D. Minn. Aug. 16, 2019).
- Smith v. Bradley Pizza, Inc., No. 0:17-cv-02032 (D. Minn. Sept. 13, 2019).
- Christoff v. Unum Life Ins. Co. of Am., No. 0:17-cv-03512, 2019 WL 6715067 (D. Minn. Dec. 10, 2019).
- Krekelberg v. Anoka Cnty., 439 F. Supp. 3d 1143 (D. Minn. 2020).published
- Polaris Indus. Inc v. TBL Int'l Inc., No. 0:19-cv-00291 (D. Minn. Mar. 6, 2020).
- Raines v. Phoenix Corp., No. 0:19-cv-02552 (D. Minn. Aug. 14, 2020).
- Fukita v. Gist, No. 0:20-cv-01869 (D. Minn. Feb. 26, 2021).
- Minnesota Voters All. v. Saint Paul, City of, The, No. 0:19-cv-00358 (D. Minn. Mar. 23, 2021).
- Bollom v. Brunswick Corp., No. 0:18-cv-03105 (D. Minn. Mar. 30, 2021).
- Parada v. Anoka Cnty., 555 F. Supp. 3d 663 (D. Minn. 2021).published
- Higgins v. Boston Sci. Corp., No. 0:11-cv-02453 (D. Minn. Sept. 3, 2021).
- McIntyre v. Reliance Stand. Life Ins. Co., No. 0:17-cv-05134 (D. Minn. Jan. 13, 2022).
- Washington Wiley v. Portfolio Recovery Assocs., LLC, 594 F. Supp. 3d 1127 (D. Minn. 2022).published
- Ness v. City of Bloomington, No. 0:19-cv-02882 (D. Minn. Apr. 7, 2022).
- Powerlift Door Consultants, Inc. v. Shepard, No. 0:21-cv-01316 (D. Minn. May 5, 2022).
- Satanic Temple, Inc., The v. City of Belle Plaine, MN, No. 0:21-cv-00336 (D. Minn. May 24, 2022).
- Eclipse Sportswire v. Sports Moments Plus, LLC, No. 0:21-cv-01638 (D. Minn. July 18, 2022).
- Eclipse Sportswire v. Sports Moments Plus, LLC, No. 0:21-cv-01638 (D. Minn. July 19, 2022).
- Ricketson v. Advantage Collection Professionals, LLC, No. 0:21-cv-02541, 2022 WL 3701442 (D. Minn. Aug. 26, 2022).
- Niazi Licensing Corp. v. St. Jude Med. S.C., Inc., No. 0:17-cv-05096 (D. Minn. Aug. 26, 2022).
- Huntington Nat'l Bank v. Green Sheet Mktg., LLC, No. 0:21-cv-02000 (D. Minn. Nov. 22, 2022).
- Beckler v. Rent Recovery Solutions, LLC, No. 0:21-cv-02680 (D. Minn. Dec. 15, 2022).
- Ricketson v. Advantage Collection Professionals, LLC, No. 0:21-cv-02541 (D. Minn. Feb. 21, 2023).
- Ricketson v. Advantage Collection Professionals, LLC, No. 0:21-cv-02541 (D. Minn. Mar. 15, 2023).
- MOM365, Inc. v. Pinto, No. 4:19-cv-01226, 2019 WL 6019299 (E.D. Mo. Nov. 14, 2019).
- Jo Ann Howard & Assocs., P.C. v. Cassity, No. 4:09-cv-01252, 2020 WL 870987 (E.D. Mo. Feb. 21, 2020).
- Dinosaur Merch. Bank Ltd. v. Bancservices Int'l LLC, No. 1:19-cv-00084, 2020 WL 3489344 (E.D. Mo. June 26, 2020).
- Magruder Constr. Co., Inc. v. Gali, No. 4:18-cv-00286 (E.D. Mo. Aug. 6, 2020).
- Robinson v. City of St. Louis, Missouri, No. 4:17-cv-00156 (E.D. Mo. Aug. 12, 2020).
- Chestnut v. Wallace, No. 4:16-cv-01721, 2020 WL 5801041 (E.D. Mo. Sept. 29, 2020).
- Bumb v. United Credit & Collections, Inc., No. 4:20-cv-00106 (E.D. Mo. Feb. 4, 2021).
- Fernandez v. St. Louis Cnty., 538 F. Supp. 3d 888 (E.D. Mo. 2021).published
- Willson v. City of Bel-Nor, Missouri, No. 4:18-cv-00003, 2021 WL 2255003 (E.D. Mo. June 3, 2021).
- Smith v. Lisenbe, No. 4:20-cv-00804 (E.D. Mo. Aug. 16, 2021).
- Saxerud v. T-H Prof'l & Med. Collections Ltd., No. 4:20-cv-00683 (E.D. Mo. Nov. 9, 2021).
- Gerling v. Waite, No. 4:17-cv-02702 (E.D. Mo. Feb. 24, 2022).
- Yates v. Symetra Life Ins. Co., No. 4:19-cv-00154, 2022 WL 1618787 (E.D. Mo. May 23, 2022).
- Jennings v. Univ. City, Missouri, City of, No. 4:20-cv-00584 (E.D. Mo. Nov. 21, 2022).
- White v. CW Brown Holdings LLC, No. 4:22-cv-01282 (E.D. Mo. June 21, 2023).
- Burgess v. Aanaser, Inc, No. 4:22-cv-01324 (E.D. Mo. July 10, 2023).
- Meier v. St. Louis, Missouri, City of, No. 4:16-cv-01549 (E.D. Mo. Sept. 19, 2023).
- Yates v. Symetra Life Ins. Co., No. 4:19-cv-00154 (E.D. Mo. Oct. 25, 2023).
- Axiom Prod. Admin. v. O'Brien, No. 4:20-cv-01333 (E.D. Mo. Apr. 17, 2024).
- Stallsworth v. Staff Mgmt. Smx Smx, LLC, No. 2:17-cv-04178 (W.D. Mo. May 8, 2018).
- Calzone v. Hagan, No. 2:16-cv-04278 (W.D. Mo. Mar. 11, 2020).
- Mayfield v. Missouri House of Representatives, No. 2:21-cv-04059 (W.D. Mo. Apr. 27, 2023).
- Henderson v. Sch. Dist. of Springfield R-12, No. 6:21-cv-03219 (W.D. Mo. Mar. 31, 2023).
- Daniels v. US Dep't of Just., No. 4:22-cv-00475 (W.D. Mo. Sept. 6, 2023).
- Roswick v. Mid Dakota Clinic, P.C., No. 1:17-cv-00044 (D.N.D. Nov. 13, 2019).
- Joe Hand Promotions, Inc. v. Carrier Ent., LLC, No. 4:19-cv-03059 (D. Neb. Dec. 6, 2019).
- Hillesheim v. SNA LLC, No. 8:18-cv-00562 (D. Neb. Mar. 6, 2020).
- Water Eng'g, Inc. v. Big Ox Energy, LLC, No. 8:19-cv-00327 (D. Neb. June 15, 2020).
- United Food & Com. Workers' Union, Local No. 293 v. Noah's Ark Processors, LLC, No. 8:18-cv-00466 (D. Neb. May 15, 2020).
- United Food & Com. Workers' Union, Local No. 293 v. Noah's Ark Processors, LLC, No. 8:18-cv-00466 (D. Neb. Sept. 17, 2020).
- Gruttemeyer v. Transit Auth. of the City of Omaha, No. 8:18-cv-00070 (D. Neb. Nov. 17, 2020).
- Doe v. Bd. of Trs. of the Nebraska State Colleges, No. 8:17-cv-00265 (D. Neb. Apr. 27, 2022).
- Sanders v. Union Pac. R.R. Co., No. 4:20-cv-03023 (D. Neb. Aug. 17, 2022).
- Belcastro-Gonzalez v. City of Omaha, No. 8:19-cv-00572 (D. Neb. Feb. 14, 2023).
- Su v. Arps, No. 8:23-cv-00138 (D. Neb. Oct. 26, 2023).
- Westchester Fire Ins. Co. v. Edge Elec., LLC, No. 8:22-cv-00170 (D. Neb. Dec. 18, 2023).
- Journey Grp. Companies v. Sioux Falls Constr., LLC, No. 4:16-cv-04125 (D.S.D. Oct. 5, 2017).
- Equity Partners HG, LLC v. Samson, Inc., No. 5:18-cv-05006 (D.S.D. Sept. 29, 2019).
- Equity Partners HG, LLC v. Samson, Inc., No. 5:18-cv-05006 (D.S.D. Sept. 30, 2019).
- Blue State Refugees v. Noem, No. 3:21-cv-03024 (D.S.D. Apr. 4, 2022).
- Curran v. Bernhardt, No. 5:20-cv-05009 (D.S.D. Jan. 10, 2024).
- United States v. McLean, No. 0:23-cv-02096 (D. Minn. Dec. 5, 2024).
- J.V. & Sons Trucking, Inc. v. Asset Vision Logistics, LLC, No. 0:20-cv-02538 (D. Minn. Apr. 3, 2025).
- John Miller v. Kevin Dugan, 764 F.3d 826 (8th Cir. 2014).published
- Adrian Bryant v. Jeffrey Sand Co., 919 F.3d 520 (8th Cir. 2019).published
- Tramp v. Associated Underwriters, Inc., No. 8:11-cv-00371 (D. Neb. July 12, 2019).
- Cent. Valley Ag Coop. v. Leonard, No. 8:17-cv-00379 (D. Neb. Feb. 6, 2020).
- Quick v. Rupert Constr. Co., No. 8:19-cv-00401 (D. Neb. Feb. 19, 2020).
- Quick v. Rupert Constr. Co., No. 8:19-cv-00401 (D. Neb. May 7, 2020).
- Onuachi v. Master Builders Inc., No. 4:17-cv-03114 (D. Neb. Jan. 28, 2022).
- Beran v. VSL North Platte Court LLC, No. 7:21-cv-05003 (D. Neb. Oct. 18, 2023).
- Gehl v. Gleason, No. 0:23-cv-02244 (D. Minn. Mar. 6, 2025).
- PACK Private Capital, LLC v. Associated Bank, N.A., James B. Fink, Rodney Murray, & Michael Waltz, No. 0:24-cv-00935 (D. Minn. Jan. 12, 2026).
At page 824 Reviewing qualified immunity and excessive force claims27 citing cases“qualified immunity is not just a defense to liability, it constitutes immunity from suit.”
- Leventhal v. Schaffer, 612 F. Supp. 2d 1026 (N.D. Iowa 2009).published (For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries.)
- Anderson, No. 0:25-cv-04350 (D. Minn. July 24, 2026).“For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries.” Hanig v. Lee, 415 F.3d 822, 824 (8th Cir. 2005).
- Buyalova v. Cantrell, No. 5:25-cv-05077 (W.D. Ark. July 24, 2025).“For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries.” Hanig v. Lee, 415 F.3d 822, 824 (8th Cir. 2005) (citing Crumley, 324 F.3d at 1008 ).
- Prudente v. Hamilton, No. 1:22-cv-00024 (D.N.D. Dec. 9, 2024).“Qualified immunity is not just a defense to liability, it constitutes immunity from suit.” Hanig v. Lee, 415 F.3d 822, 824 (8th Cir. 2005).
- Alvarado v. Moore, No. 0:24-cv-00288 (D. Minn. Sept. 30, 2024).“For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries.” Hanig v. Lee, 415 F.3d 822, 824 (8th Cir. 2005).
- Stepnes v. Ritschel, 663 F.3d 952 (8th Cir. 2011).published
- Margaret Hayek v. City of St. Paul, 488 F.3d 1049 (8th Cir. 2007).published
- Shukri Hassan v. William McManus, 489 F.3d 914 (8th Cir. 2007).published
- Howard v. Kansas City Police Dep't, 570 F.3d 984 (8th Cir. 2009).published
- Nelson v. Corr. Med. Servs., 533 F.3d 958 (8th Cir. 2008).published
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- Moore v. Indehar, 514 F.3d 756 (8th Cir. 2008).published
- Brown v. City of Golden Valley, 534 F. Supp. 2d 984 (D. Minn. 2008).published
- Orsak v. Metro. Airports Comm'n Airport Police Dep't, 675 F. Supp. 2d 944 (D. Minn. 2009).published
- Policky v. City of Seward, Neb., 433 F. Supp. 2d 1013 (D. Neb. 2006).published
- Kelly Norberg v. Labor Ready, 177 F. App'x 518 (8th Cir. 2006).unpublished
- Adam Moore v. Kurt Indehar, No. 06-4047 (8th Cir. Feb. 1, 2008).published
- Shawanna Nelson v. Larry Norris, No. 07-2481 (8th Cir. July 18, 2008).published
- Eddie Howard v. Ryan Bronner, No. 08-2448 (8th Cir. July 2, 2009).published
- Shamir v. City of New York, 804 F.3d 553 (2d Cir. 2015).published
- Cugini v. City of New York, Palazzola, 941 F.3d 604 (2d Cir. 2019).published
- Horton v. Holloway, No. 5:20-cv-05138 (W.D. Ark. Jan. 25, 2021).
- Powell v. Staycoff, No. 0:17-cv-03018 (D. Minn. June 19, 2019).
- Alfred v. Thompson, No. 4:23-cv-01073 (E.D. Mo. Dec. 20, 2023).
- Rogers v. Gaston, No. 6:19-cv-03346 (W.D. Mo. Oct. 22, 2021).
- United States v. Rodella, 804 F.3d 1317 (10th Cir. 2015).published
v.
Lisa Anne LEE, Appellant and Cross-Appellee and City of Rapid City, Cross-Appellee
On October 17, 2000, sixteen-year-old Adam J. Hanig and three friends were skateboarding in the parking lot of the civic center in Rapid City, South Dakota. Hanig was arrested by Officer Lisa Anne Lee of the city Police Department. Taking him into custody, Officer Lee applied handcuffs and put him in her patrol car.
Hanig sued Lee and the city under 42 U.S.C. § 1983 and pendent state claims. A jury returned a verdict for Hanig finding Lee violated his Fourth Amendment rights by using excessive force in the arrest and negligently applying the handcuffs. Lee appeals the jury verdict awarding a total of $153,000 in damages. Hanig cross-appeals the grant of attorney’s fees by the district court. [1] Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms.
I.
Lee argues that the district court should have directed a verdict in her favor based on the defense of qualified immunity. This court reviews de novo denials of motions for directed verdict. See Grogg v. Missouri Pacific Railroad Co., 841 F.2d 210, 212 (8th Cir.1988). All inferences reasonably drawn from the evidence must be given to the non-moving party; the trial court’s decision will only be overturned if the appellate court, reviewing the evidence de novo, concludes that “no reasonable juror could have returned a verdict in the non-moving party’s favor.” Goff v. Bise, 173 F.3d 1068, 1073 (8th Cir.1999); Hill v. McKinley, 311 F.3d 899, 902 (8th Cir.2002).
Qualified immunity is not just a defense to liability, it constitutes immunity from suit. Saucier v. Katz, 533 U.S. 194, 200, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). The threshold issue — and the only issue in this appeal — is whether the facts show the officer’s actions violated a constitutional right. Id. at 201, 121 S.Ct. 2151. The evidence was clear (from the senior officer present at the scene) that Officer Lee improperly applied the handcuffs, causing Hanig significant pain and severe bruising.
Lee asserts, however, that Hanig did not sufficiently prove long-term or permanent physical injury. An “actual injury” must be shown to support an excessive force claim under the Fourth Amendment. Dawkins v. Graham, 50 F.3d 532, 535 (8th Cir.1995). For the application of handcuffs to amount to excessive force, there must be something beyond minor injuries. Crumley v. City of St. Paul, 324 F.3d 1003, 1008 (8th Cir.2003).
Lee invokes Foster v. Metropolitan Airports Commission, 914 F.2d 1076 (8th Cir.1990), and Crumley v. City of St. Paul, 324 F.3d at 1008. In Foster, “nerve damage” from being handcuffed too tightly did not constitute actual injury without “medical records indicating ... any long-term injury as a result of the handcuffs.” 914 F.2d at 1082. Affirming summary judgment, this court stated: “We do not believe ... allegations of pain as a result of being handcuffed, without some evidence of more permanent injury, are sufficient to support his claim of excessive force.” Id.
In Crumley, also affirming summary judgment, this court concluded that no reasonable jury could have found excessive force in applying handcuffs, because the plaintiff failed to allege or present any medical records indicating a long-term or[*825] permanent physical injury. 324 F.3d at 1008.
Here, the jury heard testimony from (1) Hanig’s treating orthopedic surgeon that he suffered a 1.3% permanent impairment of his upper right extremity, (2) a vocational rehabilitation expert that Hanig suffered a 13% vocational disability, and (3) an economist that his life-time economic loss was $180,063. This distinguishes Foster and Crumley. Although the surgeon acknowledged that his opinion was founded on Hanig’s subjective complaints and not independently supported by objective findings, the surgeon’s opinion was uncontra-dicted at trial, and the jury had an opportunity to judge the credibility of Hanig’s subjective complaints at trial. Giving Hanig the benefit of all reasonable inferences from the evidence, the jury’s verdict was not unreasonable. The district court did not err in denying Lee’s motion for directed verdict.
II.
Hanig argues that the district court should have granted more than $51,692.15 in attorney’s fees, of the $85,457.33 he requested. Specifically, Hanig asserts that the district court improperly reduced the hourly rates for attorneys Kenneth R. Dewell, Gregory A. Eiesland, and Aaron D. Eiesland.
Attorney’s fees are within the broad discretion of the district court and will not be reversed absent an abuse of discretion. See Harmon v. City of Kansas City, 197 F.3d 321, 329 (8th Cir.1999). Under 42 U.S.C. § 1988(b), a prevailing party in a § 1983 action is entitled to reasonable attorney’s fees. See Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). “The- starting point in determining attorney fees is the lodestar, which is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rates.” Fish v. St. Cloud State University, 295 F.3d 849, 851 (8th Cir.2002). When determining reasonable hourly rates, district courts may rely on their own experience and knowledge of prevailing market rates. See Warnock v. Archer, 397 F.3d 1024, 1027 (8th Cir.2004).
Here, the district court determined that recent fee awards in South Dakota range from $150 to $185 per hour. Dewell presented affidavits that his customary fee was $150 per hour when this litigation began, and hé agreed with Hanig to use a “base rate” of $150 in pursuing court-awarded fees (from which Dewell could seek a “substantial multiplier” with the court). The court acknowledged that Dewell has substantially more experience than another attorney who was awarded an hourly rate of $185 (by a different judge), but concluded that the $150 per hour was reasonable Based on the fact that Dewell assesses this rate to his clients for similar litigation. The court found excessive a $200 rate for Dewell. The district court did not abuse its discretion in calculating Dewell’s rate.
The' district court decided that although Greg Eiesland receives $250 per hour for services in other types of litigation, such a rate is excessive for a civil rights case in South Dakota. The district court concluded a rate of $200 was more reasonable. In addition, after considering the experience of Aaron Eiesland as a former federal law clerk with two years in private practice, the district court concluded that $125 per hour was more reasonable than the $150 requested. The district court did not abuse its discretion in granting attorney’s fees.
The judgment is affirmed.
. The Honorable Andrew W. Bogue, United States District Court Judge for the District of South Dakota.