Hewitt v. Helms

482 U.S. 755, 107 S. Ct. 2672, 96 L. Ed. 2d 654, 1987 U.S. LEXIS 2726, 55 U.S.L.W. 4907, 44 Fair Empl. Prac. Cas. (BNA) 15
CourtSupreme Court of the United States
DecidedJune 19, 1987
Docket85-1630
StatusPublished
Cited by962 cases

This text of 482 U.S. 755 (Hewitt v. Helms) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hewitt v. Helms, 482 U.S. 755, 107 S. Ct. 2672, 96 L. Ed. 2d 654, 1987 U.S. LEXIS 2726, 55 U.S.L.W. 4907, 44 Fair Empl. Prac. Cas. (BNA) 15 (1987).

Opinions

Justice Scalia

delivered the opinion of the Court.

This case presents the peculiar-sounding question whether a party who litigates to judgment and loses on all of his claims can nonetheless be a “prevailing party” for purposes of an award of attorney’s fees.

Following a prison riot at the Pennsylvania State Correctional Institution at Huntingdon, inmate Aaron Helms was placed in administrative segregation, a form of restrictive custody, pending an investigation into his possible involvement in the disturbance. More than seven weeks later, a prison hearing committee, relying solely on an officer’s report of the testimony of an undisclosed informant, found Helms guilty of misconduct for striking a corrections officer during the riot. Helms was sentenced to six months of disciplinary restrictive confinement.

While still incarcerated, Helms brought suit under 42 U. S. C. § 1983 against a number of prison officials, alleging that the lack of a prompt hearing on his misconduct charges and his conviction for misconduct on the basis of uncorroborated hearsay testimony violated his rights to due process. The prison officials asserted qualified immunity from suit and contested the constitutional claims on the merits. Before any decision was rendered, Helms was released from prison on parole.

Nearly six months after Helms’ release, the District Court rendered summary judgment against him on his constitu[758]*758tional claims without passing on the defendants’ assertions of immunity. The Court of Appeals for the Third Circuit reversed, finding that “Helms was denied due process unless he was afforded a hearing, within a reasonable time of his initial [segregative] confinement, to determine whether he represented the type of ‘risk’ warranting administrative detention,” Helms v. Hewitt, 655 F. 2d 487, 500 (1981) (Helms I), and that he “suffered a denial of due process by being convicted on a misconduct charge when the only evidence offered against him was a hearsay recital, by the charging officer, of an uncorroborated report of an unidentified informant.” Id., at 502. The District Court was instructed to enter summary judgment for Helms on the latter claim unless the defendants could establish an immunity defense.

Before the proceedings on remand could take place, we granted certiorari to determine whether Helms’ administrative segregation violated the Due Process Clause. We concluded that the prison’s informal, nonadversarial procedures for determining the need for restrictive custody provided all the process that is due when prisoners are removed from the general prison population. Hewitt v. Helms, 459 U. S. 460 (1983). Certiorari was not sought on, and we did not decide, the question whether Helms’ misconduct conviction violated his constitutional rights. When the case was returned to the Court of Appeals, it therefore reaffirmed its instruction to the District Court to enter judgment for Helms on this claim unless the defendants established a defense of official immunity. Helms v. Hewitt, 712 F. 2d 48 (1983) (Helms II).

In the District Court, Helms pursued only his claims for damages. The District Court granted summary judgment for all the defendants on the basis of qualified immunity, because the constitutional right at issue was not “clearly established,” Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982), at the time of Helms’ misconduct hearing. See App. 22a-47a. Helms appealed, seeking both damages and expungement of his misconduct conviction. The defendants argued to the [759]*759Court of Appeals that all claims for injunctive and declaratory relief had been waived by the failure to pursue them in the District Court, and in any event were moot because Helms was no longer in prison. While that appeal was pending, the Pennsylvania Bureau of Corrections revised its regulations to include for the first time procedures for the use of confidential-source information in inmate disciplinary proceedings. See BC-ADM 801 Administrative Directive: Inmate Disciplinary Procedures §V(F) (1984), App. 101a-102a (Directive 801). The District Court’s decision was affirmed without opinion. Helms v. Hewitt, 745 F. 2d 46 (1984) (Helms III).

Helms then sought attorney’s fees under 42 U. S. C. §1988, which provides in relevant part: “In any action or proceeding to enforce a provision of [§ 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.” The District Court denied the claim on the ground that Helms was not a “prevailing party”: the defendants’ official immunity precluded a damages award, Helms’ release from prison made his claims for injunctive relief moot, and he could not claim that his suit was a “catalyst” for the amendment of Directive 801 because he neither sought nor benefited from that action. App. to Pet. for Cert. 27a-39a. The Court of Appeals reversed, concluding that its prior holding that Helms’ constitutional rights were violated was “a form of judicial relief which serves to affirm the plaintiff’s assertion that the defendants’ actions were unconstitutional and which will serve as a standard of conduct to guide prison officials in the future.” 780 F. 2d 367, 370 (1986) (Helms IV). The court also directed the District Court to reconsider whether Helms’ suit was a “catalyst” for the amendment of Directive 801. We granted certiorari. 476 U. S. 1181 (1986).

In order to be eligible for attorney’s fees under § 1988, a litigant must be a “prevailing party.” Whatever the outer boundaries of that term may be, Helms does not fit within [760]*760them. Respect for ordinary language requires that a plaintiff receive at least some relief on the merits of his claim before he can be said to prevail. See Hanrahan v. Hampton, 446 U. S. 754, 757 (1980). Helms obtained no relief. Because of the defendants’ official immunity he received no damages award. No injunction or declaratory judgment was entered in his favor. Nor did Helms obtain relief without benefit of a formal judgment — for example, through a consent decree or settlement. See Maher v. Gagne, 448 U. S. 122, 129 (1980). The most that he obtained was an interlocutory ruling that his complaint should not have been dismissed for failure to state a constitutional claim. That is not the stuff of which legal victories are made. Cf. Hanrahan, supra, at 758-759.

The Court of Appeals treated its 1981 holding that Helms’ misconduct conviction was unconstitutional as “a form of judicial relief” — presumably (since nothing else is even conceivable) a form of declaratory judgment. It was not that. Helms I explicitly left it to the District Court “to determine the appropriateness and availability of the requested relief,” 655 F. 2d, at 503; the Court of Appeals granted no relief of its own, declaratory or otherwise. The petitioners contend that the court in fact could not

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

Related

(PC) Van Gessel v. Moore
E.D. California, 2021
Quicken Loans v. Marsha Gale Walters, Administratrix
801 S.E.2d 509 (West Virginia Supreme Court, 2017)
DeFazio v. Hollister, Inc.
854 F. Supp. 2d 770 (E.D. California, 2012)
Orantes-Hernandez v. Holder
713 F. Supp. 2d 929 (C.D. California, 2010)
Mahach-Watkins v. Depee
593 F.3d 1054 (Ninth Circuit, 2010)
Colby v. Assurant Employee Benefits
635 F. Supp. 2d 88 (D. Massachusetts, 2009)
Zessar v. Keith
536 F.3d 788 (Seventh Circuit, 2008)
Flom v. Holly Corp.
276 F. App'x 615 (Ninth Circuit, 2008)
Luessenhop v. Clinton County, NY
558 F. Supp. 2d 247 (N.D. New York, 2008)
Rivera v. Corporate Receivables, Inc.
540 F. Supp. 2d 329 (D. Connecticut, 2008)
Hare v. Potter
549 F. Supp. 2d 698 (E.D. Pennsylvania, 2008)
Samsung Electronics Co., Ltd. v. Rambus Inc.
440 F. Supp. 2d 495 (E.D. Virginia, 2006)
Doe v. Hogan
421 F. Supp. 2d 1051 (S.D. Ohio, 2006)
Ragland v. Angelone
420 F. Supp. 2d 507 (W.D. Virginia, 2006)
Grier v. Goetz
421 F. Supp. 2d 1061 (M.D. Tennessee, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
482 U.S. 755, 107 S. Ct. 2672, 96 L. Ed. 2d 654, 1987 U.S. LEXIS 2726, 55 U.S.L.W. 4907, 44 Fair Empl. Prac. Cas. (BNA) 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-helms-scotus-1987.