Bartholomew v. Watson

665 F.2d 910
Court of Appeals for the Ninth Circuit·Decided January 11, 1982·No. No. 80-3237·Published·Cited by 53 cases

Opinion

ALARCON, Circuit Judge:

Appellants Robert Watson, Amos Reed, Hoyt C. Cupp, George E. Sullivan, and T. G. Toombs (hereinafter state appellants) have appealed from the order of the district court awarding attorneys’ fees to appellees Michael C. Bartholomew, Scott M. Baldwin, Earl W. Branch, Louis Chavarria, Stephen C. Chochrek, Robert W. Danielson, Dana B. Robinson, and Ernest Leroy Smith (hereinafter the inmates) in the entire amount requested, pursuant to the Civil Rights Attorney’s Fee Awards Act of 1976. 42 U.S.C. § 1988 (1976).

BACKGROUND FACTS

On June 6, 1973, the inmates filed their complaint for declaratory and injunctive relief in which they alleged that:

This is an action seeking to declare unconstitutional and enjoin administrative regulations and practices of the Oregon State Corrections Division which provide for the imposition of substantial punishment and the denial of important inmate rights and privileges without providing inmates charged with administrative misconduct a fair administrative hearing and an opportunity, at such hearing, to adequately defend themselves and introduce evidence of their innocence.

On September 18, 1973 state appellants moved for an order staying the proceedings in the district court pending a determination by the Oregon state courts as to whether the challenged procedures, rules, and regulations complied with Oregon legislation governing disciplinary proceedings within the Oregon Corrections Division which was enacted after this action was filed. The parties settled the stay motion by stipulating in writing that a representative case would be brought in the state court to obtain a ruling on the new statute. The inmates expressly reserved their right to proceed to trial in the district court in this matter. It was further agreed that the ruling requested from the Oregon Courts would not be res judicata in this action. The Oregon state courts ruled in favor of the state. Bonney v. Oregon State Penitentiary, Corrections Division, 16 Or.App. 509, 519 P.2d 383, aff’d, 270 Or. 79, 526 P.2d 1020 (1974).

[912] On January 15, 1976, state appellants adopted a rule governing the procedure to be followed in the transfer of potentially disruptive inmates to segregation for administrative purposes. In a document entitled Supplemental Memorandum, filed May 26, 1976, the inmates challenged the constitutionality of these administrative segregation procedures. State appellants filed a motion for summary judgment on July 25, 1974.

The district court issued its opinion on April 19, 1979. Bartholomew v. Reed, 477 F.Supp. 223 (D.Or.1979). After the entry of final judgment on September 19, 1979, the attorneys for the inmates petitioned the district court for an award of attorneys’ fees in the amount of $11,548.23. State appellants conceded that the inmates were entitled to attorneys’ fees because they had obtained some of the relief they sought in bringing the action. The district court was requested to deny any fees for services rendered in connection with the state court proceedings and to base the amount of the award for the services performed on the issues on which the inmates prevailed.

DISCUSSION

I.

State appellants contend that the district court abused its discretion in awarding attorneys’ fees to the inmates for services performed in the Oregon state court proceedings. We are told that (1) the resort to the state court under Pullman abstention principles, Railroad Commission v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), was not an action to enforce a provision of 42 U.S.C. § 1983; (2) the action of the Oregon courts was final prior to the effective date of the act authorizing attorney’s fees; and (3) the inmates did not prevail in the state courts.

The Civil Rights Attorney’s Fee Awards Act of 1976 provides in pertinent part: “In any action or proceeding to enforce a provision of [42 U.S.C. § 1983], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988 (1976).

Our first task in responding to state appellants’ argument is to determine whether the district court had the authority under section 1988 to award any fees' for services performed in the state courts. The statute makes no reference to reimbursement for proceedings initiated in the state courts under the Pullman abstention doctrine, after the filing of an action to enforce a provision of section 1983. The precise issue presented in this case appears to be a matter of first impression.1 It is clear from the facts of this case that the state court action was initiated at the insistence of state appellants after the filing of the inmates complaint in the district court. State appellants appropriately invoked the Pullman principle to avoid forcing the federal courts to render an advisory opinion as to the validity of a state’s administrative rules under an applicable state law. As pointed out by the district court, abstention under these circumstances promoted comity between the federal and state court systems and furthered the principles of federalism. If we were to adopt state appellants’ sophistic claim that 42 U.S.C. § 1988 is inapplicable because the proceedings in the state court were not brought to enforce rights guaranteed by section 1983, justice would truly be blinded from an appreciation of reality. What were the facts known to the district court judge at the time he awarded attorney’s fees in this matter?

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Bartholomew v. Watson, 665 F.2d 910 (9th Cir. 1982).

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