Gay Officers Action League v. Puerto Rico

247 F.3d 288, 2001 U.S. App. LEXIS 7371, 2001 WL 391772
CourtCourt of Appeals for the First Circuit
DecidedApril 23, 2001
Docket00-1983
StatusPublished
Cited by226 cases

This text of 247 F.3d 288 (Gay Officers Action League v. Puerto Rico) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 2001 U.S. App. LEXIS 7371, 2001 WL 391772 (1st Cir. 2001).

Opinion

SELYA, Circuit Judge.

In this bitterly-fought civil rights case, the district court awarded substantial attorneys’ fees and ancillary expenses to a consortium of plaintiffs — the Gay Officers Action League (GOAL), Carroll Hunter, Thomas Jeans, and Dr. Rosalina Ramos Padró (collectively, the plaintiffs) 1 — against the Commonwealth of Puerto Rico. The Commonwealth appeals. Concluding, as we do, that the district court acted within its discretion in determining that the plaintiffs were prevailing parties with respect to a discrete claim in the underlying litigation, we affirm the finding that they were entitled to a fee award. Withal, we reduce the amount by nearly $40,000.

1. BACKGROUND

On June 19, 1995, the plaintiffs sued the Commonwealth for damages and equitable relief. 2 Invoking 42 U.S.C. § 1983, they alleged, inter alia, that the Commonwealth violated their constitutional rights by (1) forbidding them from participating in an impromptu rally, (2) subjecting them to excessive force, (3) conducting an unlawful search of a gay bar, and (4) illegally videotaping a “Gay Pride” parade. Following a year of procedural wrangling and increasingly acrimonious discovery disputes, the plaintiffs amended their complaint to include, among other things, a claim that Regulation 29 — a police department regulation which made “associat[ing] with ... homosexuals” violative of the code of conduct and exposed violators to official discipline — impugned the plaintiffs’ First Amendment rights.

In due course, the district court (a) granted summary judgment in the Commonwealth’s favor as to all claims anent the rally, the use of force, the search, and the videotaping; (b) left for trial certain (subsequently settled) claims against individual officers; and (c) entered a judgment declaring Regulation 29 unconstitutional. The last ruling is the focal point of this appeal.

The Commonwealth did not take the court’s repudiation of Regulation 29 lightly. It filed a detailed motion to alter or amend the judgment. The district court stood firm. At that point, the Commonwealth, instead of throwing in the towel, decided to rewrite Regulation 29. The revised regulation no longer singled out *292 homosexuals in haec verba, but, rather, paved the way for disciplinary action against officers who “relate to or associate with persons of dubious reputation” (a group defined to include “anyone who engages in conduct that departs from the community’s moral standards”).

After the parties filed extensive briefs, the court rejected the revised regulation as an exercise in “crafty drafting” and a thinly-veiled effort to do by indirection what the court had prohibited the PRPD from doing directly. To insure against any future evasions, the court permanently enjoined the Commonwealth from punishing any police officer for associating with homosexuals.

Still unrepentant, the Commonwealth moved to vacate the injunction. After briefing and argument, the court demurred. This resolved the matter, as the Commonwealth chose not to appeal. The district court’s decision on the merits thus ripened into a final judgment.

The plaintiffs thereafter petitioned for $209,122.67 in attorneys’ fees and $21,294.92 in expenses. They accompanied the application with their attorneys’ sworn statements, information concerning the attorneys’ credentials, and a recasted version of the attorneys’ contemporaneous billing records (which separated the work related to the extirpation of Regulation 29 from other work performed). The Commonwealth filed an opposition.

Taking up the question, the district court first ruled that the plaintiffs were prevailing parties. It next scrutinized each attorney’s hours and, notwithstanding the lawyers’ assurances that they had eliminated all time spent on unrelated issues, subtracted some additional hours. The court then adjusted the attorneys’ customary billing rates to reflect local stipends for comparably qualified counsel and trimmed (or in some instances disallowed) various expense items. When all was said and done, the court determined that the plaintiffs deserved legal fees in the amount of $202,733.86, allocated as follows:

1. Attorney Judith Berkan — 93.1325 hours at $240 per hour and 1.112 hours at $265 per hour, for a total of $22,646.48.
2. Attorney Suzanne B. Goldberg— 416.75 hours at $240 per hour, for a total of $100,020.
3. Attorney Ruth E. Harlow — 123.45 hours at $240 per hour, for a total of $29,628.
4. Attorney Colleen M. Meenan— 224.175 hours at $225 per hour, for a total of $50,439.38.

The court also awarded the plaintiffs a total of $13,787.40 in expenses. This appeal followed.

We divide our ensuing discussion into three segments, one dealing with the standard of appellate review, the second with the plaintiffs’ eligibility for a fee award, and the third with the dollars involved.

II. THE STANDARD OF REVIEW

In appeals involving the Fees Act, 42 U.S.C. § 1988, a reviewing court customarily defers to the trial judge, whose intimate knowledge of the nuances of the underlying case uniquely positions him to construct a condign award. See Coutin v. Young & Rubicam, Inc., 124 F.3d 331, 336 (1st Cir.1997); Lipsett v. Blanco, 975 F.2d 934, 937 (1st Cir.1992). Accordingly, our review here is for manifest abuse of discretion. E.g., Foley v. City of Lowell, 948 F.2d 10, 18 (1st Cir.1991). Apart from mistakes of law — which always constitute abuses of a court’s discretion, see United States v. Snyder, 136 F.3d 65, 67 (1st Cir.1998) —we will set aside a fee award only if it clearly appears *293 that the trial court ignored a factor deserving significant weight, relied upon an improper factor, or evaluated all the proper factors (and no improper ones), but made a serious mistake in weighing them. See Foster v. Mydas Assoc., Inc., 943 F.2d 139, 143 (1st Cir.1991).

III. THE FACT OF THE AWARD

The Commonwealth’s attack on the fact of the award hinges on its contention that the plaintiffs were not prevailing parties in the underlying litigation (and, thus, not entitled to recoup fees and expenses at all). The district court rejected this contention, and so do we.

Under the so-called “American Rule,” litigants generally pay their own way. Alyeska Pipeline Serv. Co. v. Wilderness Soc’y, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975). Sometimes, however, Congress provides otherwise. The Fees Act, 42 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
247 F.3d 288, 2001 U.S. App. LEXIS 7371, 2001 WL 391772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-officers-action-league-v-puerto-rico-ca1-2001.