Little Rock School District v. Pulaski County Special School District No. 1

787 F.2d 372, 31 Educ. L. Rep. 412

Court of Appeals for the Eighth Circuit·Decided March 24, 1986·No. Nos. 85-1078, 85-1079 and 85-1081·Published·Cited by 3 cases

Opinions

ORDER

The Joshua intervenors have petitioned this Court for an award of attorneys’ fees in the amount of $36,458.00 and for a fifty percent enhancement of that amount because of the contingent nature of their counsels’ representation. The movants also request reimbursement of out-of-pocket expenses in the amount of $37.75. The Joshua intervenors are prevailing parties, and we are satisfied from the records and affidavits submitted that the hourly rates and number of billable hours are reasonable and accurately reflect the time spent preparing for the underlying appeals. Accordingly, we grant the request for $36,458.00 in fees and $37.75 in costs. However, we find no special circumstances which justify a fee enhancement, and deny the request for a fifty percent enhancement.

The State of Arkansas, Pulaski County School District, Little Rock School District and North Little Rock School District shall pay the Joshua intervenors the fees and costs award in the following percentages:

State of Arkansas 40%

Pulaski County School District 30%

Little Rock School District 15%

North Little Rock School District 15%

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ORDER

The Joshua intervenors have petitioned this Court for an award of attorneys’ fees in the amount of $36,458.00 and for a fifty percent enhancement of that amount because of the contingent nature of their counsels’ representation. The movants also request reimbursement of out-of-pocket expenses in the amount of $37.75. The Joshua intervenors are prevailing parties, and we are satisfied from the records and affidavits submitted that the hourly rates and number of billable hours are reasonable and accurately reflect the time spent preparing for the underlying appeals. Accordingly, we grant the request for $36,458.00 in fees and $37.75 in costs. However, we find no special circumstances which justify a fee enhancement, and deny the request for a fifty percent enhancement.

The State of Arkansas, Pulaski County School District, Little Rock School District and North Little Rock School District shall pay the Joshua intervenors the fees and costs award in the following percentages:

State of Arkansas 40%

Pulaski County School District 30%

Little Rock School District 15%

North Little Rock School District 15%

Little Rock School District v. Pulaski County Special School District No. 1, 787 F.2d 372, 31 Educ. L. Rep. 412 (8th Cir. 1986).

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Little Rock School District v. Pulaski County Special School District No. 1 Mac Faulkner Charles Stratton Don Hindman Mack McAllister Sheryl Dunn David Sain and Mildred Tatum, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua and Mayne Joshua Rev. Robert Willingham, as Next Friend of Minor Tonya Willingham Sara Matthews, as Next Friend of Khayyan Davis, Alexa Armstrong and Karlos Armstrong Mrs. Alvin Hudson as Next Friend of Tatia Hudson Mrs. Hilton Taylor as Next Friend of Parsha Taylor, Hilton Taylor, Jr. And Brian Taylor Rev. John M. Miles as Next Friend of Janice Miles Derrick Miles Rev. Robert Willingham on Behalf of and as President of the Little Rock Branch of Naacip Lorene Joshua on Behalf of and as President of the North Little Rock Branch of the Naacip Katherine Knight, Individually and as President of the Little Rock Classroom Teachers Association (Lrcta) Lrcta Ed Bullington, Individually and as President of the Pulaski Association of Classroom Teachers (Pact) Pact John Harrison, Individually and as President of the North Little Rock Classroom Teachers Association (Nlrcta) Nlrcta Milton Jackson, Individually and as a Noncertified Educational Support Employee of the Little Rock School District, Little Rock School District v. North Little Rock School District Murry Witcher Ginny Jones Vicki Stephens Leon Barnes Marianne Gossner and Steve Morley, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua and Mayne Joshua Rev. Robert Willingham, as Next Friend of Minor Tonya Willingham Sara Matthews, as Next Friend of Khayyan Davis, Alexa Armstrong and Karlos Armstrong Mrs. Alvin Hudson as Next Friend of Tatia Hudson Mrs. Hilton Taylor as Next Friend of Parsha Taylor, Hilton Taylor, Jr. And Brian Taylor Rev. John M. Miles as Next Friend of Janice Miles Derrick Miles Rev. Robert Willingham on Behalf of and as President of the Little Rock Branch of Naacip Lorene Joshua on Behalf of and as President of the North Little Rock Branch of the Naacip Katherine Knight, Individually and as President of the Little Rock Classroom Teachers Association (Lrcta) Lrcta Ed Bullington, Individually and as President of the Pulaski Association of Classroom Teachers (Pact) Pact John Harrison, Individually and as President of the North Little Rock Classroom Teachers Association (Nlrcta) Nlrcta Milton Jackson, Individually and as a Noncertified Educational Support Employee of the Little Rock School District, Little Rock School District v. Arkansas State Board of Education Wayne Hartsfield Walter Turnbow Harry A. Haines Jim Dupree Dr. Harry P. McDonald Robert L. Newton Alice L. Preston Jeff Starling Earle Love, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua and Mayne Joshua Rev. Robert Willingham, as Next Friend of Minor Tonya Willingham Sara Matthews, as Next Friend of Khayyan Davis, Alexa Armstrong and Karlos Armstrong Mrs. Alvin Hudson as Next Friend of Tatia Hudson Mrs. Hilton Taylor as Next Friend of Parsha Taylor, Hilton Taylor, Jr. And Brian Taylor Rev. John M. Miles as Next Friend of Janice Miles Derrick Miles Rev. Robert Willingham on Behalf of and as President of the Little Rock Branch of Naacip Lorene Joshua on Behalf of and as President of the North Little Rock Branch of the Naacip Katherine Knight, Individually and as President of the Little Rock Classroom Teachers Association (Lrcta) Lrcta Ed Bullington, Individaully and as President of the Pulaski Association of Classroom Teachers (Pact) Pact John Harrison, Individually and as President of the North Little Rock Classroom Teachers Association (Nlrcta) Nlrcta Milton Jackson, Individually and as a Noncertified Educational Support Employee of the Little Rock School District

787 F.2d 372 (Eighth Circuit, 1986)