AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Attorneys' Fees
Monthly Law Journal Article:
Attorneys'
Fees in Federal Civil Rights Lawsuits: An Introduction - Part One
, 2011
(4) AELE Mo. L. J. 101
Monthly Law Journal Article: Attorneys'
Fees in Federal Civil Rights Lawsuits: An Introduction - Part Two,
2011 (5) AELE Mo. L. J. 101
An anti-abortion
protester successfully sued a county sheriff's office for violation of
First Amendment rights by requesting that graphic signs with disturbing
pictures of aborted fetuses not be displayed in a public demonstration.
While injunctive relief was awarded, no damages were awarded against individual
defendants because of qualified immunity. In Lefemine v. Wideman, #12-168,
133 S. Ct. 9, 10 (2012), the U.S. Supreme Court held that the plaintiff
was still a prevailing plaintiff fo purposes of an award of attorneys'
fees. On remand, the trial court abused its discretion by denying the plaintiff
an award of attorneys' fees. The presence of qualified immunity, the nature
of the relief granted, and the absence of a policy or custom of discrimination
were not enough, individually or taken together, to deny an award of such
fees. Lefemine v. Wideman, #13-1629, 2014 U.S. App. Lexis 13218 (4th Cir.).
Business
which settled $19 million harassment claim for $16,000 was prevailing party
entitled to attorneys' fees when settlement agreement did not mention such
fees. Stefan v. Laurenitis, 889 F.2d 363 (1st Cir. 1989).
Civil rights plaintiff who merely succeeded
in having arrest record expunged was not prevailing party; no attorneys'
fee award. Ortega v. City of Kansas City, Kan, 723 F.Supp. 1426 (D.Kan
1989).
Prevailing plaintiffs may sue for attorneys'
fees unless settlement "clearly waived" fees. Muckleshoot Tribe
v. Puget Sound Power & Light, 875 F.2d 695 (9th Cir. 1989).
Award of attorneys' fee may be increased
because of delay in payment; payment for paralegal and law clerk work may
be awarded Missouri v. Jenkins, 109 S.Ct. 2463 (1989). Prevailing plaintiff's
fee request not reduced because he succeeded on only some of claims when
all claims were interrelated. Lawrence v. City of Philadelphia, 700 F.Supp.
832 (E.D. Pa. 1988).
Successful civil rights plaintiff entitled
to certain costs in addition to attorneys' fees Allen v. Freeman, 122 F.R.D.
589 (S.D.Fla 1988).
Attorney's contingent fee agreement with
plaintiff does not limit the amount of attorneys' fees to be awarded in
a civil rights case. Blanchard v. Bergeron, 57 U.S.L.W. 4191 (1989).