Lawrence R. Alberti, Cross-Appellants v. Johnny Klevenhagen, Cross-Appellees

903 F.2d 352, 1990 U.S. App. LEXIS 9002, 1990 WL 70880

Opinion

ON PETITIONS FOR REHEARING

Before LIVELY, 1 JOLLY, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

With one exception, we deny the petitions for rehearing filed in this case. In our original opinion, Alberti v. Klevenhagen, 896 F.2d 927 (5th Cir.1990), we reversed the district court’s $5.00 enhancement of the hourly rate to compensate plaintiffs’ attorneys for case undesirability. We now vacate that portion of the opinion and affirm the district court’s case undesirability enhancement. We are now persuaded that the district court’s finding that an enhancement for case undesirability was required to attract competent counsel to take on this undesirable prison conditions litigation was supported by the record. We find that support in testimony by plaintiffs’ attorneys and an expert economist on how the local market treats undesirable cases. We defer action on Oitzinger and Birn-berg’s motion for fees and costs incurred in prosecuting this appeal until entry of judgment on remand.