Murphy v. Smith, No. 15-3384 (7th Cir. 2017)Annotate this Case
Murphy was an inmate in the Illinois Vandalia Correctional Center when correctional officers hit him, fracturing his eye socket, and left him in a cell without medical attention. Murphy sued under 42 U.S.C. 1983 and state-law theories. The court reduced a jury award of damages to $307,733.82 and awarded attorney fees under 42 U.S.C. 1988. The Seventh Circuit affirmed with respect to liability, rejecting an argument that state-law sovereign immunity bars the state-law claims. The Illinois doctrine of sovereign immunity does not apply to state-law claims against a state official or employee who has violated statutory or constitutional law. The court reversed and remanded the attorney fee award. Under 42 U.S.C. 1997e(d), the attorney fee award must first be satisfied from up to 25 percent of the damage award, and the district court does not have discretion to reduce that maximum percentage. Murphy then sought attorney fees for the appeal. The Seventh Circuit denied the petition. Murphy’s only success on appeal came on a purely state-law issue affecting damages awarded only under state law; a section 1988(b) award is not appropriate for that work. Plaintiff has already won—in the district court—both damages and a fee award for all of his attorney’s successful efforts thus far under federal law.
This opinion or order relates to an opinion or order originally issued on December 21, 2016.