An Indiana federal district court has awarded $54,000 in attorney fees and
costs in a prisoner's disability discrimination lawsuit. The award came
after a $5,000 summary judgment settlement between the parties.

James Kennington was arrested and booked into Indiana's Marion County
lock-up his lawsuit claimed: 1) that the Sheriff failed to communicate
effectively with Kennington through auxiliary aids and services during the
book-in process at the Marion County lock-up and 2) that the Sheriff failed
to provide Kennington with a TTY phone and to communicate effectively with
him through auxiliary aids and services during his imprisonment at the lock-up.

The Sheriff argued Kennington achieved a limited success because his claim
consisted of two parts, but he prevailed on only one, preventing an
attorney fee award.

An attorney fee award may not be prevented for services on an unsuccessful
claim that is distinctly different from a successful claim for relief.
Two claims are distinctly different: when based on different facts and
legal theories. An attorney's fee award, however, may be awarded for time
expended on an unsuccessful claim that is related to a successful claim
where the claims involve a common core of facts or are based on related
legal theories.

The Court found that Kennington's claims are based on the same legal
theories failure to accommodated and intentional discrimination under the
Americans with Disabilities Act. The Court found the $5,000 settlement is
not far out of proportion to the last settlement demand of $75,000. Also,
issues regarding disability discrimination by a public entity particularly
were incarceration is involved, is a significant matter. Finally, the
Sheriff's policy had to be changed to make the TTY phone available to deaf
and hearing impaired prisoners during the third shift. All these factors
favor an attorney fee award.

Accordingly, on March 30, 2005, the Court awarded Kennington $51,201.95 in
attorney fees and $2,511.56 in costs. This is an unpublished ruling. See:
Kennington v. Marion County Sheriff Frank Anderson, USDC, Southern District
Indiana, 2005 U.S. Dist. Lexis 8668.

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