Haycraft v. Hollenbach

606 F.2d 128
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 17, 1979
DocketNo. 77-3428
StatusPublished
Cited by21 cases

This text of 606 F.2d 128 (Haycraft v. Hollenbach) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haycraft v. Hollenbach, 606 F.2d 128 (6th Cir. 1979).

Opinion

PER CURIAM.

The issue on this appeal is whether the district court abused its discretion in awarding attorneys’ fees against appellant L. J. Hollenbach, an intervenor in the Jefferson County, Kentucky, school desegregation case, under § 718 of the Emergency School Aid Act of 1972, 86 Stat. 369, 20 U.S.C. § 1617.

We affirm.

I

In Newburg Area Council, Inc. v. Board of Education of Jefferson County, Kentucky, 489 F.2d 925 (6th Cir. 1973), vacated and remanded, 418 U.S. 918, 94 S.Ct. 3208, 41 L.Ed.2d 1160 (1974), reinstated upon remand, 510 F.2d 1358 (6th Cir. 1974), cert. denied, 421 U.S. 931, 95 S.Ct. 1658, 44 L.Ed.2d 88 (1975), this court directed the district court to remove “all vestiges of state-imposed segregation” from the public school system of Jefferson County, Kentucky. Upon remand for implementation of an appropriate desegregation plan, the district court found the proposals of the principal parties to be constitutionally insufficient and, therefore, implemented its own desegregation plan.

Subsequently, appellant sought to intervene in the litigation in his official capacity as County Judge of Jefferson County, on behalf of “all the people of Jefferson County,” pursuant to Fed.R.Civ.P. 24(a) and (b). His motion for intervention was made for the specific purpose of offering an alterna[130]*130tive desegregation plan for Jefferson County public schools. The district court, over the strenuous objection of appellees, granted appellant conditional intervention, limited to offering and defending an alternative desegregation plan.

On April 22,1976, appellant filed his plan with the district court.1 The matter was set for hearing on May 4, 1976. At the hearing, appellant offered expert testimony to explain the method, purpose, and scope of the plan. After consideration of the testimony, the district court rejected the alternative desegregation plan of appellant as constitutionally infirm2 and, thereafter, dismissed him as an intervening party in a memorandum opinion dated May 18, 1976.

Appellant filed a timely appeal from the dismissal of the district court on the ground that his desegregation plan was not constitutionally defective, and on the further ground that he had been improvidently dismissed as an intervening party. Upon the motion of appellees, this court dismissed the appeal by an order dated March 11, 1977, pursuant to then Sixth Circuit Rules 8(b) and 9. Haycraft v. Hollenbach, No. 76-2205 (6th Cir., Mar. 11, 1977), cert. denied sub nom., Hollenbach, Judge v. Haycraft, 434 U.S. 930, 98 S.Ct. 418, 54 L.Ed.2d 291 (1977).

On May 10, 1977, appellees moved the district court for an award of attorneys’ fees against appellant under 20 U.S.C. [131]*131§ 1617. The district court granted the motion and ordered that appellant pay Thomas L. Hogan, counsel for appellees, a fee of $11,312.50.3 In granting the order, the district court observed that “such an award should be entered here as [appellees] would have saved countless hours were it not for the intervenor.” This appeal followed.

II

As a general rule, each party to a legal dispute is responsible for payment of attorneys’ fees incurred prior to or during the litigation, regardless of the outcome of the dispute in the courts. Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975). However, this rule may be modified or negated by Congressional enactment. Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 718, 87 S.Ct. 1404, 18 L.Ed.2d 475 (1967). Congress has enacted legislation authorizing award of attorneys’ fees in a variety of circumstances, Alyeska Pipeline, 421 U.S. at 260-62 & n.33, 95 S.Ct. 1612, some requiring a mandatory award of fees, and others authorizing the award of fees as a matter within the discretion of the courts. See generally Falcon, Award of Attorneys’ Fees in Civil Rights and Constitutional Litigation, 33 Md.L.Rev. 379, 392-99 (1973).

In § 718 of the Emergency School Aid Act of 1972, Pub.L.No.92-318, 86 Stat. 369, 20 U.S.C. § 1617, Congress provided:

Upon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof), for failure to comply with any provision of this chapter or for discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964, or the fourteenth amendment to the Constitution of the United States as they pertain to elementary and secondary education, the court, in its discretion, upon a finding that the proceedings were necessary to bring about compliance, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.4

In assessing attorneys’ fees against appellant, the district court concluded that an award of fees was proper under § 1617, to compensate appellees for the “countless hours” spent in opposing the position advanced by appellant. Appellant contends that an award of fees under § 1617 is limited to governmental agencies that have been found to have violated the rights of the plaintiff. Appellant argues that since he was not an original defendant in this action and was not found to have violated appellees’ rights, an award of attorneys’ fees against him is improper.

In determining the circumstances under which fees are to be awarded under § 1617, the parties against whom fees may be assessed, and the discretion of the court in making such an award, we must first look to the language of the statute.

As a prerequisite to an award of attorneys’ fees, § 1617 requires that there be a final order entered against a local educational agency (or a State or the United States or any agency of these governments), Northcross v. Board of Education of Memphis City Schools, 489 F.2d 19, 20 (6th Cir. 1973), cert. denied, 416 U.S. 962, 94 S.Ct. 1982, 40 L.Ed.2d 313 (1974), in a proceeding necessary to bring about compli[132]*132ance with the law, Norwood v. Harrison, 410 F.Supp. 133, 138 (N.D.Miss.1976), appeal dismissed, 563 F.2d 722 (5th Cir. 1977).

Nothing in the language of § 1617 limits the scope of its application, nor have we found anything in the legislative history that supports the narrow construction of the section urged by appellant.

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Haycraft v. Hollenbach, III
606 F.2d 128 (Sixth Circuit, 1979)

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606 F.2d 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haycraft-v-hollenbach-ca6-1979.