Joseph A. ex rel. Wolfe v. New Mexico Department of Human Services

28 F.3d 1056
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 30, 1994
DocketNos. 92-2267, 93-2091, 93-2178 and 93-2190
StatusPublished
Cited by24 cases

This text of 28 F.3d 1056 (Joseph A. ex rel. Wolfe v. New Mexico Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph A. ex rel. Wolfe v. New Mexico Department of Human Services, 28 F.3d 1056 (10th Cir. 1994).

Opinion

PAUL KELLY, Jr., Circuit Judge.

These cases require us to determine whether the district court properly awarded attorneys’ fees to plaintiffs for their efforts in monitoring a consent decree.1 Because we are unable to determine from the record whether the district court considered the necessity of the work performed and the reasonableness of the fees, we remand for further proceedings.

No. 92-2267

In September 1983, plaintiffs, an open class of all the children in New Mexico’s foster-care custody, entered into a consent degree with the New Mexico Department of Human Services (defendants) which obligated defendants to enact wide-ranging reform of the New Mexico foster-care system. Pursuant to that agreement, plaintiffs became eligible for attorneys’ fees for hours spent monitoring the consent decree. Under the procedure established by the district court, plaintiffs would periodically submit fee applications to the court-appointed special master who made recommendations to the court. The court would then rule on the application. This appeal involves an award of fees and costs totalling $13,566.24 for April, May, and June 1992.

Defendants raise two issues on appeal: whether plaintiffs were still prevailing parties for purposes of their fee request, and whether the court abused its discretion in awarding full fees to plaintiffs for the relevant period.

We will reverse the grant of attorneys’ fees by a district court only in instances of abuse of discretion. Reazin v. Blue Cross & Blue Shield of Kansas, Inc., 899 F.2d 951, 980 (10th Cir.), cert. denied, 497 U.S. 1005, 110 S.Ct. 3241, 111 L.Ed.2d 752 (1990). “This standard applies both to the district [1059]*1059court’s decision to award fees and to its determination of the amount of fees.” Keith v. Volpe, 833 F.2d 850, 854 (9th Cir.1987). Underlying questions of fact, however, are reviewed for clear error, Reazin, 899 F.2d at 980, while the statutory interpretation and legal analysis supporting the district court’s decision are reviewed de novo, Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352, 1355 (10th Cir.1992).

In federal civil rights cases, “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.” 42 U.S.C. § 1988. Fees are also available to the prevailing party for post-judgment monitoring of a consent decree. Diaz v. Romer, 961 F.2d 1508, 1511 (10th Cir.1992) (citing Duran v. Carruthers, 885 F.2d 1492, 1495 (10th Cir.1989)). A party is entitled to fees for pre-judgment work or for post-judgment monitoring when he or she has succeeded ‘“on any significant issue in litigation which achieves some of the 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)).

Plaintiffs’ motion to dismiss this appeal on the grounds that defendants (a) are collaterally estopped from raising the issue of plaintiffs’ prevailing party status, and (b) have failed to comply with procedures set up by the district court for objecting to the fee award is denied. “A party may file a motion to dismiss only on the ground that the appeal is not within the jurisdiction of this court.” 10th Cir.R. 27.2.1. The theoretical possibility that a party may be collaterally estopped from relitigating a particular issue does not divest a reviewing court of jurisdiction ah initio.

Additionally, we do not agree that defendants are collaterally estopped to bring this claim. The fees requested here are for particular work done during a discrete and separate time period. Defendants’ failure to appeal earlier rulings of the district court approving earlier fee applications does not collaterally estop them from raising the propriety of these fees in this appeal. “Collateral estoppel, like the related doctrine of res judicata, has the dual purpose of protecting litigants from the burden of relitigating an identical issue with the same party or his privy and of promoting judicial economy by preventing needless litigation.” Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326, 99 S.Ct. 645, 649, 58 L.Ed.2d 552 (1979) (footnote omitted). Because the circumstances surrounding the fee application at issue here are distinct from those existing at the time of the earlier applications, the prevailing party issue now raised is not identical to any earlier version based on earlier time periods, and collateral estoppel does not apply.

As mentioned above, the fees at issue here are for work performed during the period April through June 1992. In March 1988, plaintiffs filed a motion to enforce the consent decree and to hold defendants in contempt. Appellees’ Supp.App. in Case No. 93-2178 at 6. Defendants argue that because plaintiffs ultimately failed to obtain the contempt order, they are not prevailing parties for purposes of this fee award.2 Aside from the fact that plaintiffs’ motion for contempt was still pending at the time of the award, we do not agree that plaintiffs’ arguable lack of later success during the monitoring phase deprived them of prevailing party status. While the degree of success plays a part in the overall analysis, we think a more important inquiry is whether the work done was necessary to achieve the final result. See Pennsylvania v. Delaware Valley Citizens’ Council For Clean Air, 478 U.S. 546, 561, 106 S.Ct. 3088, 3096, 92 L.Ed.2d 439 (1986).

In Duran, 885 F.2d 1492, a civil rights ease challenging prison conditions, plaintiffs had withdrawn a contempt motion upon stipulation that defendants would withdraw their motion for wholesale modification of the operative consent decree. Id. at 1496. In affirming an award of attorneys’ fees to plain[1060]*1060tiffs, this court noted that “[t]o ‘prevail’ does not mean that a plaintiff ... must obtain ‘total victory’ after a full trial.” Id. Later, in Diaz, 961 F.2d 1508, where a subclass of plaintiffs had failed to prevail on a particular issue, we held that the subclass was “part of the prisoner class that prevailed in the original litigation,” and that they “did not lose their prevailing-party status when they were named a subclass.” Id. at 1511. Thus, the fact that plaintiffs ultimately did not prevail in their efforts to secure a contempt order does not divest them of their status as prevailing parties so long as the work done was necessary to the overall effort. See also Keith,

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Bluebook (online)
28 F.3d 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-a-ex-rel-wolfe-v-new-mexico-department-of-human-services-ca10-1994.