Moseley v. Beirne

626 P.2d 580, 1981 Alas. LEXIS 463

• Court: Alaska Supreme Court
• Decided: April 17, 1981
• Docket: 4717
• Status: Published

Opinions

OPINION

PER CURIAM.

Timothy Stearns acted as co-counsel in a class action brought by prisoners at the 6th Avenue jail in Anchorage seeking to vindicate certain of their civil rights under 42 U.S.C. § 1983. The plaintiffs prevailed, after a six day trial. Stearns sought attorney’s fees under 42 U.S.C. § 1988¹ of $20,-189.00 and the other attorney for the in-tiffs, Ms. MacNeille of Alaska Legal Services, requested an award of $34,125.00. The court awarded Alaska Legal Services $12,-975.00 and Mr. Stearns $7,266.00. Mr. Stearns has appealed the award so far as it applies to him.

Full attorney’s fees are the norm under 42 U.S.C. § 1988. However, such fees must be reasonable. Ferdinand v. City of Fairbanks, 599 P.2d 122, 126 n.12 (Alaska 1979). Here the trial judge concluded that the reasonable full fee to Stearns was $7,266.00. The trial judge was obviously in a better position than we are to assess the value and efficiency of Mr. Stearns’ work, and we are unable to say that he abused his discretion in reaching the decision that he did.

AFFIRMED.

DIMOND, Senior Justice, joined by RA-BINOWITZ, C. J., dissents.

1 . The Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988, provides in relevant part:

In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318, or in any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964, 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.