Ali v. Dubois

10 Mass. L. Rptr. 69
CourtMassachusetts Superior Court
DecidedApril 2, 1999
DocketNo. 951614
StatusPublished
Cited by1 cases

This text of 10 Mass. L. Rptr. 69 (Ali v. Dubois) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ali v. Dubois, 10 Mass. L. Rptr. 69 (Mass. Ct. App. 1999).

Opinion

Bohn, J.

I. Statement of Facts and Procedural History

On September 17, 1996, this Court granted in part a motion for summary judgment filed on behalf of the plaintiff, Yusaf Ali (“Ali”) [6 Mass. L. Rptr. No. 2, 32 (December 2, 1996)]. Specifically, the Court found that, in early 1995, while Ali was a prisoner at Massachusetts Correctional Institution-Shirley, defendant officials of the Department of Corrections excluded Ali from observing certain aspects of Ramadan;2 and, declared that that exclusion violated the Religious Freedom Restoration Act, 42 U.S.C. §2000bb. Subsequently, the parties agreed to settle plaintiffs claim for damages by the payment of five thousand dollars ($5,000) and the filing of a Stipulation of Dismissal. Further, the parties agreed to the payment of reasonable attorneys fees in an amount to be determined by the Court.

This case is now before this Court for resolution of the plaintiffs motion for attorneys fees and costs. In his motion, the plaintiff seeks an award of $39,012.50 in attorneys fees and $186.07 in costs incurred between May 18, 1995 and November 16, 1998, when Ali was represented by attorney Dennis J. Bannon. The plaintiff asserts that the fees and costs are fair and reasonable, given the complexity of the case, the results obtained and the civil rights which were vindicated.

While conceding that plaintiffs counsel is entitled to fees, the defendants oppose the amount of those fees and ask this Court to reduce the requested amount by $ 10,486.25. The defendants argue that, by applying the fee schedule implemented in the Prison Litigation Reform Act, 42 U.S.C. §1988, to the fees charged in this case after the date of the PLRA enactment (April 26, 1996), those fees should be reduced by $5,861.25.3 Additionally, the defendants assert that the number of hours spent on legal research was unreasonable and should be reduced by half, that is, by an additional $4,625. As noted, therefore, the total reduction sought by the defendants is $10,486.25.

Based on the arguments of counsel, review of the applicable law and an evaluation of the work performed in this case, it is the opinion of this Court that the amount of fees to be awarded to plaintiff for work done by his attorney is $32,285.00. An order to that effect will enter.

II. Discussion

1. Prison Litigation Reform Act

The enactment of the Prison Litigation Reform Act, 42 U.S.C. §1997e, on April 26, 1996, significantly changed the availability of attorneys fees with respect to civil rights suits brought by prisoners by establishing a cap on those fees. Under that Act, specific guidelines were established which require that the hourly rate billed by an attorney not exceed 150 percent of the hourly rate established under 18 U.S.C. §3006A for court-appointed counsel. 42 U.S.C. §1997e(d)(3). The hourly rate established in 18 U.S.C. §3006A allows for $60 per hour spent in court and $40 per hour spent out of court. 18 U.S.C. §3006A(d)(l). The 150 percent maximum set out in the PLRA, therefore, results in a rate of $90 per hour for in-court time and $60 per hour for out-of-court time.

Several courts have considered the question of whether the hourly rates set forth in the PLRA would apply retroactively and have determined that they do not. See Blisset v. Casey, 147 F.3d 218, 221 (2nd Cir. 1998); Cooper v. Casey, 97 F.3d 914, 921 (7th Cir. 1996); Hadix v. Johnson, 947 F.Sup. 1113, 1114 (E.D. Mich. 1996); see also, Landgraf v. U.S.I. Film Products, 511 U.S. 244, 280 (1994) (holding that absent a clear statement of congressional intent favoring retroactivity of a statute there is a presumption against retroactive application of a statute). For those reasons, therefore, it is necessary to separate the time expended by plaintiffs counsel before and after April 26, 1996, in order to determine appropriate attorneys fees for this action.

According to his billing records, the plaintiffs attorney spent a total of 312.10 hours working on this case and, at the time, billed at the rate of $125 per hour. Of the 312.10 hours, 208.6 hours were billed at the rate of $125 per hour for work completed prior to April 26, 1996, the date the PLRA became effective, and result in attorneys fees of $26,075.00. One-hundred and three hours and thirty minutes (103.5 hours) of the 312.10 hours were billed after April 26, 1996 and, therefore, are subject to the PLRA fee schedule. Three (3) of those 103.5 hours were spent in court and 100.5 were [70]*70spent out of court. The allowable charge under the PLRA guidelines for in court time is $90 per hour; for out of court time, the allowable charge is $60 per hour. Calculating the time billed after April 26, 1996 under the PLRA guidelines results in a maximum allowable charge of $6,210.00.4 Therefore, under the PLRA guidelines, the maximum allowable award of attorneys fees is $32,285.00.5

2. Reasonableness of Attorney Fees

In addition to challenging the amount of the fees on statutory grounds, the defendants argue that the plaintiffs attorney fees are unreasonable because 74.60 hours out of a total of 312.10 hours spent on this case involved legal research.

The awarding of attorneys fees under 42 U.S.C. §1988 allows for “a reasonable attorneys fees as part of the costs,” 42 U.S.C. §1988(b); and the task of determining the amount of reasonable attorney’s fees is committed to the discretion of the trial court. Hensley v. Eckerhart, 461 U.S. 424, 436-37 (1983); Langton v. Johnson, 928 F.2d 1206, 1224 (1st Cir. 1991); Stratos v. Dept of Public Welfare, 387 Mass. 312, 321 (1982). There are twelve criteria to consider when determining the reasonableness of attorneys fees.

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Related

Trapp v. Dubois
17 Mass. L. Rptr. 143 (Massachusetts Superior Court, 2003)

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Bluebook (online)
10 Mass. L. Rptr. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ali-v-dubois-masssuperct-1999.