Theresa Ann Elav.Kathleen Destefano, Et Al
Theresa Ela sued a sheriff’s deputy after the deputy accessed and viewed Ela’s private information in Florida driver’s-license databases. Following a jury trial, the district court entered judgment for Ela under the Driver’s Privacy Protection Act and Section 1983, awarded liquidated damages, and ordered attorney fees. On appeal, Ela challenged the amounts of those awards. The Eleventh Circuit held that the district court properly awarded $2,500 in liquidated damages because the statute permitted that remedy without proof of actual damages. It nevertheless held that the attorney-fee calculation required reconsideration because the district court applied the lodestar method incorrectly and gave excessive weight to one factor. The court affirmed the liquidated-damages award, reversed the fee award, and remanded for recalculation of attorney fees.
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