Cain v. Virginia

582 F. Supp. 531, 1984 U.S. Dist. LEXIS 19150
CourtDistrict Court, W.D. Virginia
DecidedFebruary 27, 1984
DocketCiv. A. No. 82-0334-A
StatusPublished
Cited by2 cases

This text of 582 F. Supp. 531 (Cain v. Virginia) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cain v. Virginia, 582 F. Supp. 531, 1984 U.S. Dist. LEXIS 19150 (W.D. Va. 1984).

Opinion

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on the defendants’ motion to alter or amend judgment pursuant to Fed.R.Civ.P. 59(e). In a previous Memorandum Opinion and Order, 574 F.Supp. 559, this court held that the plaintiff was denied procedural due process because the defendants denied him a right to an impartial arbitrator in a state grievance proceeding. The court rendered judgment in monetary damages for back pay against the defendant Merritt alone for the plaintiff from the time he was fired up until the day of the decision and granted injunctive relief, directing the defendants to reinstate the plaintiff. By a subsequent Order dated December 7, 1983, this court awarded to Mary Lynn Tate, Esquire, counsel for the plaintiff, $11,150.85 in attorney’s fees and costs pursuant to 42 U.S.C. § 1988 (Supp. V. 1981). The defendants now contend that the plaintiff is not entitled to recover fees and costs for work performed in state administrative and judicial proceedings, and that the attorney’s fees are unreasonable. Consequently, they request that the award of attorney’s fees and costs be significantly reduced.

I. STATE ADMINISTRATIVE AND JUDICIAL PROCEEDINGS

Several circuit courts have held that counsel for the prevailing party are not entitled under 42 U.S.C. § 1988 to attorney’s fees and costs earned in optional administrative hearings, see Webb v. County Board of Education of Dyer County, 715 F.2d 254, 257 (6th Cir.1983); Latino Project, Inc. v. City of Camden, 534 F.Supp. 390 (D.N.J.1982), aff'd, 701 F.2d 262, 264 (3d Cir.1983), Estes v. Tuscaloosa County, 696 F.2d 898, 900 (11th Cir.1983); Blow v. Lascaris, 523 F.Supp. 913, 916 (N.D.N.Y.1981), aff'd, 668 F.2d 670 (2d Cir.), cert. denied, 459 U.S. 914, 103 S.Ct. 225, 74 L.Ed.2d 179 (1982), or in prior state judicial proceedings that are not an integral part of the federal remedy, see Redd v. Lambert, 674 F.2d 1032, 1037 (5th Cir.1982). 42 U.S.C. § 1988 provides, in pertinent part:

In any action or proceeding to enforce a provision of §§ 1981, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318, or title VI of the Civil Rights Act of 1964, 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.

(Emphasis added). These courts have interpreted the statutory language and legislative history1 as requiring a suit in federal [533]*533court-to vindicate federally protected rights before awarding attorney’s fees. The Fourth Circuit has not ruled on this issue yet.

Most appellate courts which have decided the issue refuse to expand the Supreme Court’s holding in New York Gaslight Club, Inc. v. Carey, 447 U.S. 54, 100 S.Ct. 2024, 64 L.Ed.2d 723 (1980). In the Carey case, the Court held that sections 706(f) and 706(k) of Title VII, 42 U.S.C. § 2000e-5(f, k), authorize the award of attorney’s fees to the prevailing complainant in state administrative and judicial proceedings under Title VII. Section 706(k) provides: “In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part of the costs.” Congress intended the phrase “any proceeding” to incorporate the various state and local remedies as well as the supplemental federal action. Part of the relief afforded victims of employment discrimination is a res to pay the prevailing party’s attorney’s fees. Id. at 63-64, 67-68, 100 S.Ct. at 2030-31, 2032-33. Under the supplemental scheme if state or local remedies are not exhausted within a sixty-day deferral period, the EEOC takes concurrent jurisdiction. Unlike Title VII actions, plaintiffs bringing suits under the Civil Rights Acts do not need to exhaust state remedies before filing their suit. Patsy v. Board of Regents, 457 U.S. 496,102 S.Ct. 2557, 73 L.Ed.2d 172 (1982) (§ 1983); Cannon v. University of Chicago, 441 U.S. 677, 706-08 n. 41, 99 S.Ct. 1946, 1962-63 n. 41, 60 L.Ed.2d 560 (1979) (title IX). Consequently, the strong Congressional policy does not justify awarding attorney’s fees for permissive state proceedings.

One circuit court in a § 1983 case has upheld an award of attorney’s fees covering work performed on a state court case. In Bartholomew v. Watson, 665 F.2d 910 (9th Cir.1982), a state court action was initiated solely because the federal court abstained from deciding a question of state law, resolution of which could have disposed of the case without deciding the constitutional issue. After abstaining the court determined that the state proceeding was an integral part of the claim, like the state proceedings under Title VII. Id. at 912-14.

The case at bar is similar to the Carey and Bartholomew cases. Counsel for the plaintiff had a sui generis situation when this case was filed. At the time this court had decided another § 1983 case, Detweiler v. Virginia, Civil Action No. 81-0039-A (W.D.Va. April 8, 1982). Detweiler, an employee of the Commonwealth of Virginia, alleged that he had a property interest in his continued employment, that the grievance proceeding pertaining to the discharge of employees did not comply with the requirements of due process of law, that the Commonwealth failed to follow the grievance procedures, and that he was unable to secure favorable witnesses because his superior intimidated them. This court held that while Detweiler had a property interest in his continued employment, he was barred because he did not appeal the adverse arbitrational decision to a state circuit court.2 Thus the court dismissed the case. On appeal, the Fourth Circuit Court of Appeals vacated and remanded the por[534]*534tion of the court’s opinion holding that Va. Code § 8.01-580 (Repl.Vol.1977 & Supp. 1983) grants Detweiler a right to appeal the arbitrational decision. The circuit court rendered its opinion on April 14,1983. Detweiler v. Virginia, 705 F.2d 557

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
582 F. Supp. 531, 1984 U.S. Dist. LEXIS 19150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-v-virginia-vawd-1984.