Jeff Thompson v. Village Hales Corners

This is an appeal from a judgment of the Milwaukee County Circuit Court, Honorable Michael T. Sullivan, Reserve Judge, presiding, awarding damages and attorneys fees to the plaintiff, Jeff Thompson (Thompson), against the Village of Hales Corners (Village) for violation of his civil rights under sec. 1983 of Title 42 of the United States Code. The court also awarded damages to defendant Walter Nowicki, Inc. (Nowicki) against Thompson in its counterclaim for unpaid rents. This court accepted the case on certification from the court of appeals pursuant to sec. 809.61, Stats. 1981-82. The two principal questions raised on appeal are: (1) whether the state may limit the amount a claimant may recover against a municipality in a sec. 1983 civil rights action, and (2) whether the trial court applied the correct standards in awarding attorneys fees under 42 U.S.C. sec. 1988. We conclude that a state statutory recovery ceiling on damages awards against governmental bodies is inapplicable in sec. 1983 suits, and that the attorneys fees of $23,180.80 were reasonable and should not have been reduced by the trial court. Other issues raised by the parties will be dealt with in the balance of this opinion.