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McDANIEL v. COUNTY OF SCHENECTADY

No. 07-5580-cv.

595 F.3d 411 (2010)

Nichole Marie McDANIEL, Individually and on behalf of a class of others similarly situated, Lessie Lee Davies, Individually and on behalf of a class of others similarly situated, Plaintiffs-Appellants, v. COUNTY OF SCHENECTADY, Harry Buffardi, Both individually and in his official capacity as Sheriff of the County of Schenectady, Gordon Pollard, Both individually and as Undersheriff of the County of Schenectady, Robert Elwell Sr., Both Individually and as Major in the Schenectady County Sheriff's Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2010.

Attorney(s) appearing for the Case

Elmer Robert Keach, III, Law Office of Elmer Robert Keach III, PC, Amsterdam, NY, Jason J. Rozger, Bruce E. Menken, Beranbaum, Menken, Ben-Asher & Bierman LLP, New York, NY, Jonathan Watson Cuneo, Cuneo, Gilbert & LaDuca, Gary E. Mason, The Mason Law Firm, Washington, DC, for Plaintiffs-Appellants.

William G. Greagan, Goldberg Segalla, LLP, Albany, NY, for Defendants-Appellees.

Philip K. Howard, Jennifer O. Farina, Covington & Burling LLP, New York, NY, as Amicus Curiae in support of Defendants-Appellees.

Before: WALKER, LIVINGSTON, Circuit Judges, KAPLAN, District Judge.

LIVINGSTON, Circuit Judge:

Plaintiffs-Appellants appeal from an order of the United States District Court for the Northern District of New York (Sharpe, J.), approving the settlement of a class action arising from alleged violations of the their constitutional rights, but awarding less than the requested fee to their attorneys from the common fund established by the settlement. Rather than base its attorneys' fees calculation on a percentage of the fund, the...

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