Marek v. Chesny
United States Supreme Court
473 U.S. 1 (1985)
Police officers, including Chesny (defendant), shot and killed Marek while responding to a domestic disturbance; Marek's father (plaintiff) sued under § 1983 and state tort law, rejected a pretrial $100,000 settlement offer (inclusive of costs and fees) and proceeded to trial, winning only $60,000. He then sought $171,692.47 in costs and attorneys' fees, which the officers opposed under Rule 68 since their offer exceeded the eventual award; the trial court agreed with the officers, and the court of appeals reversed, reasoning Rule 68 shouldn't override fee awards available under § 1988 in civil-rights cases.
Whether attorneys' fees incurred by a plaintiff after a Rule 68 settlement offer must be paid by the defendant under 42 U.S.C. § 1988, when the plaintiff ultimately receives a judgment less favorable than the offer.