Ohio Right to Life Society, Inc. v. Ohio Elections Commission

590 F. App'x 597
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 10, 2014
Docket14-3154
StatusUnpublished
Cited by22 cases

This text of 590 F. App'x 597 (Ohio Right to Life Society, Inc. v. Ohio Elections Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Right to Life Society, Inc. v. Ohio Elections Commission, 590 F. App'x 597 (6th Cir. 2014).

Opinions

CLAY, Circuit Judge.

Plaintiff Ohio Right to Life Society, Inc. appeals a January 22, 2014 Order of the United States District Court for the Southern District of Ohio (Smith, J.) reducing Plaintiffs requested 42 U.S.C. § 1988 attorneys’ fees award. Specifically, Plaintiff contests the district court’s (1) use of an hourly rate of $250 to calculate the attorneys’ fees award; (2) application of an 85% across-the-board reduction to Plaintiffs requested compensable hours; (3) direction that the attorneys’ fees award be paid to Plaintiffs former counsel rather than to Plaintiff itself; and (4) disallowance of requested costs and expenses without providing Plaintiff the opportunity to submit additional documentation to substantiate these expenses.

For the following reasons, we VACATE the district court’s order awarding attorneys’ fees and costs totaling $29,107, and REMAND the case to the district court for further proceedings consistent with this opinion, including a recalculation of Plaintiffs attorneys’ fees award. •

I. BACKGROUND

A. The Underlying Action

The instant appeal concerns the amount of attorneys’ fees and costs that the district court awarded to Plaintiff, pursuant to 42 U.S.C. § 1988, in connection with Plaintiffs action against Defendants, the Ohio Elections Commission (“OEC”), individual members of the OEC, and former Ohio Secretary of State Jennifer Brunner (collectively “Defendants”). In the underlying action, Plaintiff alleged that various Ohio campaign finance laws were unconstitutional, facially and as-applied to proposed advertisements that Plaintiff intended to run in the lead up to the 2008 and 2010 elections. The underlying action occurred in two major phases. The first occurred in 2008 and resulted in a preliminary injunction enjoining Defendants from enforcing Ohio’s “blackout” provisions as-applied to certain advertisements proposed by Plaintiff in the period preceding the November 4, 2008 election. The second occurred in 2010, in the wake of Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010), and resulted in a consent decree pursuant to which the parties agreed that certain Ohio election laws were unconstitutional in light of the aforementioned Supreme Court decision.

1. The 2008 Proceedings

On May 20, 2008, Plaintiff filed its initial complaint against Defendants chai-[599]*599lenging the constitutionality of various Ohio campaign finance laws and seeking both injunctive and declaratory relief. In Defendants’ answer, filed on June 13, 2008, Defendants conceded that the Supreme Court’s ruling in Fed. Election Comm'n v. Wisconsin Right to Life, Inc., 551 U.S. 449, 127 S.Ct. 2652, 168 L.Ed.2d 329 (2007) (“WRTL ”) rendered the Ohio blackout provisions challenged by Plaintiff unconstitutional as-applied to Plaintiff’s proposed ads.

On June 20, 2008, Plaintiff filed a motion for a preliminary injunction raising as-applied and facial challenges to Ohio’s blackout and disclosure provisions. Defendants challenged Plaintiff’s standing to seek relief, arguing that because of their concession and Plaintiff’s failure to take sufficient steps to produce their proposed advertisements, no recognizable controversy existed between the parties. On September 5, 2008, the district court rejected Defendants’ standing arguments, finding that Defendants’ concession regarding WRTL’s applicability to Ohio’s blackout provisions did not amount “to an agreement not to enforce Ohio’s blackout provisions against Plaintiff’s proposed ads” and that Plaintiff had taken sufficient steps toward producing the advertisements to demonstrate injury when it filed suit. (R. 40, Opinion and Order,. Page ID # 335.) The district court granted Plaintiff’s motion for a preliminary injunction on the as-applied challenge to Ohio’s blackout provisions and enjoined Defendants from enforcing these provisions with regards to Plaintiffs proposed advertisements. The court rejected Plaintiff’s other claims.

2. The 2010 Proceedings

In the period between September 2008 and August 2010, Plaintiff alleges that its counsel monitored changes in First Amendment law and reviewed the briefs of the parties and numerous amicus briefs filed in Citizens United. In March 2010, Defendants moved to dismiss the action on the theory that there was no longer a live dispute between the parties. Plaintiff then moved to amend its complaint to add a new claim based on Citizens United and to allege that it intended to run broadcast advertisements during the Fall 2010 election campaign. The district court permitted Plaintiff to amend its complaint and denied as moot Defendants’ motion to dismiss on the ground that the amended complaint would cure any jurisdictional deficiency. Plaintiff filed its amended complaint on August 24, 2010. Two days later, Plaintiff filed a motion for a temporary restraining order and preliminary injunction seeking to enjoin the enforcement of Ohio’s blackout and disclosure provisions.

Defendants replied to Plaintiff’s motion by conceding that, given the Supreme Court’s decision in Citizens United, Ohio could not apply some of the challenged statutes to Plaintiffs intended conduct. Following this concession, the parties entered into a consent decree on September 15, 2010 pursuant to which the parties agreed to the following: (1) Ohio’s blackout provisions, Ohio Revised Code §§ 3517.1011(H) and 3517.01(B)(6), are unconstitutional to the extent that they prohibit a corporation from using its corporate treasury dollars to pay for any broadcast, cable, or satellite communication that refers to a clearly identified candidate during the thirty days preceding a primary election or a general election; and (2) Ohio Revised Code § 3599.03(A) is unconstitutional to the extent that it prohibits a corporation from using the corporation’s money or property to make independent expenditures for or in aid of candidate elections in Ohio. This consent decree did not address Plaintiffs remaining claims. On Septem[600]*600ber 20, 2010, following briefing by the parties on the rémaining issues, the court issued its opinion and order dismissing the remaining claims for lack of jurisdiction.

B. Application for Attorneys’ Fees

Following the district court’s September 2010 decision, Plaintiff filed a motion seeking approximately $352,000 in attorneys’ fees and costs pursuant to 42 U.S.C.' § 1988. Plaintiff submitted eighty-eight pages of invoices to support its motion. Defendants filed a memorandum in opposition to Plaintiffs fee application asking the court to deny the motion or reduce the fees award to $35,250 and expenses to $460.

On October 22, 2013, the magistrate judge issued a forty-seven page report and recommendation regarding Plaintiffs attorneys’ fees application. In the report, the magistrate judge reduced the hourly rates requested by Plaintiff, ranging from $445 to $465, to $250 and applied a 90% across-the-board cut to Plaintiffs requested hours.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
590 F. App'x 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-right-to-life-society-inc-v-ohio-elections-commission-ca6-2014.