Cragen v. Barnhill

859 F. Supp. 566, 1994 WL 401608
CourtDistrict Court, N.D. Florida
DecidedJuly 29, 1994
DocketCiv. A. No. 92-30447/LAC
StatusPublished

This text of 859 F. Supp. 566 (Cragen v. Barnhill) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cragen v. Barnhill, 859 F. Supp. 566, 1994 WL 401608 (N.D. Fla. 1994).

Opinion

ORDER

COLLIER, District Judge.

Plaintiff has moved for an award of attorneys’ fees under 42 U.S.C. § 1988. The motion includes documentary support. Defendant objects to the fee amount requested by the plaintiff and suggests it should be reduced by 75% based on the limited degree of success achieved by plaintiff at trial.

Title 42, United States Code, Section 1988 authorizes an award of attorneys’ fees to the prevailing party in a civil rights action. 42 U.S.C. § 1988. A prevailing party is defined as one who “ ‘... succeed[s] on any significant issue in litigation which achieves some benefit the parties sought in bringing suit.’ ” Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983) (quoting, Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)). The prevailing party, however, may recover only a “reasonable” fee. 42 U.S.C. § 1988; Pennsylvania v. Delaware Valley Citizens’ Council For Clean Air, 478 U.S. 546, 562, 106 S.Ct. 3088, 3096, 92 L.Ed.2d 439 (1986); Hensley, 461 U.S. at 433, 103 S.Ct. at 1939.

Appellate courts have struggled to provide district courts with objective guidelines for determining the reasonableness of a fee award. Delaware Valley Citizens’ Council, 478 U.S. at 562, 106 S.Ct. at 3096.1 Initially, most courts followed the Fifth Circuit’s decision in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974), wherein the court settled on twelve factors it deemed appropriate to a trial court’s determination of the propriety of a fee award.2 Although a step in the right direction, the Johnson decision nonetheless proved unworkable in practice, as much of the analysis was subjective and offered little in the way of guidance, placing almost unfettered discretion in the hands of the trial courts and producing disparate results. See Delaware Valley Citizens’ Council, 478 U.S. at 562-63, 106 S.Ct. at 3096-97; Copeland v. Marshall, 641 F.2d 880, 890 (D.C.Cir.1980).

In an effort to streamline the analysis and lend some uniformity to trial court decisions, the Third Circuit adopted what has become known as the “lodestar approach.”, This approach consisted of a two-step analysis involving calculation of the lodestar by multiplying the number of hours reasonably spent on the litigation by a reasonable hourly rate and subsequent adjustment to this figure based on “ ‘(1) the contingent nature of the case, reflecting the likelihood that hours were invested and expenses incurred without assurance of compensation; and (2) the quality of the work performed as evidenced by the work observed, the complexity of the issues and the recovery obtained.’ ” Id. 478 U.S. at 563, 106 S.Ct. at 3097 (quoting, Merola v. Atlantic Richfield Co., 515 F.2d 165, 168 (3d Cir.1975); Lindy Bros. Builders, Inc. of Philadelphia v. American Radiator & Standard Sanitary Corp., 540 F.2d 102, 117 (3d Cir.1976) (Lindy I)).

Unsatisfied that the Third Circuit’s approach would eliminate completely the problems associated with the Johnson analysis; namely the potential for arbitrary and inconsistent fee awards, the Supreme Court fashioned a “hybrid” version of these two approaches. See Delaware Valley Citizens’ Council, 478 U.S. at 564, 106 S.Ct. at 3097. In Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), the Supreme Court left intact the initial calculation [568]*568of the lodestar figure as suggested by the Third Circuit. However, the court broadened the second step of Third Circuit’s approach, that which involves adjustment of the lodestar figure, by including two additional considerations which ultimately bear on the question of results obtained: (1) whether the plaintiff failed to prevail on claims that were unrelated to the claims on which he succeeded; and (2) whether the plaintiff achieved a level of success that makes the hours reasonably expended a satisfactory basis for making the award. Hensley, 461 U.S. at 434, 103 S.Ct. at 1939.3

The Supreme Court addressed the question of the reasonableness of a fee award again in Blum v. Stenson, 465 U.S. 886, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984). There, the court reconfirmed that the determination of a reasonable fee must begin with calculation of the lodestar. Id. at 888, 104 S.Ct. at 1543. The court modified the approach, however, in another attempt to establish objective standards for courts to follow. In doing so, the court expanded on its suggestion in Hensley that many of the Johnson factors are subsumed within the district court’s calculation of the lodestar and eliminated the factors of ‘“novelty and complexity of the issues,’ ” “ ‘the special skill and experience of counsel,’ ” “ ‘the quality of representation,’ ” and “‘the results obtained’ from the litigation” from a district court’s analysis of whether to make an upward adjustment to the lodestar. Id. (quoting, Blum, 465 U.S. at 898-900, 104 S.Ct. at 1548-50). The court also instructed district courts to reserve enhancements to the lodestar for “ ‘rare’ ” and “‘exceptional cases.’” Id.4

In accordance with the Supreme Court’s instruction, the Eleventh Circuit has held that the determination of a reasonable fee must begin with calculation of the lodestar, which is performed by multiplying the hours reasonably expended by counsel on the litigation by a reasonable hourly rate. Norman v. Housing Authority of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir.1988). The court defines a reasonable hourly rate as “the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Id.

The fee applicant bears the burden to prove the reasonableness of his fee request. Id.; Loranger v. Stierheim, 10 F.3d 776 (11th Cir.1994).

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859 F. Supp. 566, 1994 WL 401608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cragen-v-barnhill-flnd-1994.