Gugino v. City of Buffalo
1:21-cv-00283
W.D.N.Y.May 1, 2025Background
- Martin Gugino sued the City of Buffalo and various officials alleging excessive force during a protest, resulting in serious injury.
- During discovery, the plaintiff deposed John Evans, President of the Buffalo Police Benevolent Association, as a non-party witness.
- During the deposition, Evans’s attorney, Rodney Personius, improperly provided Evans with notes instructing him on how to respond to questions, leading to suspension of the deposition.
- Plaintiff Gougino moved for sanctions against Personius and to compel Evans’s continued deposition.
- The court previously determined Personius alone was responsible for the deposition’s termination and granted attorney fees to Gugino’s counsel for additional work incurred.
- This opinion concerns the amount of attorney fees and costs Gugino is entitled to recover as sanctions for Personius’s conduct.
Issues
| Issue | Gugino's Argument | Personius's Argument | Held |
|---|---|---|---|
| Are sanctions for terminating the deposition appropriate? | Personius’s conduct was obstructive, justifying sanctions. | Sanctions not required; not subject to guidelines as non-party counsel. | Sanctions appropriate under Rule 30(d)(2); guidelines apply. |
| Scope of recoverable attorney fees | All fees and costs related to the aborted deposition and subsequent motions should be recoverable. | Only fees for motion to compel, not for prep or multiple attorneys. | Only fees for work after deposition was terminated; only one attorney’s hours allowed. |
| Reasonableness of the hourly rate | $275/hour reasonable for similar civil rights litigators in the district. | No objection. | $275/hour approved as reasonable. |
| Recoverability of deposition-related costs | Costs for video and transcript should be reimbursed. | No objection. | $916.40 in costs granted. |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (lodestar method is the typical starting point for attorney fee awards in civil rights litigation)
- Blum v. Stenson, 465 U.S. 886 (reasonable hourly rate defined by prevailing market rates)
- McDonald v. Pension Plan of the NYSA–ILA Pension Trust Fund, 450 F.3d 91 (court may reduce hours claimed in fee application to eliminate excessive or redundant hours)
- Chambless v. Masters, Mates & Pilots Pension Plan, 885 F.2d 1053 (application of prevailing rates for similar services)
Conclusion: Plaintiff is awarded $6,105 in attorney fees and $916.40 in costs, payable by Personius, for a total of $7,021.40.