Planned Parenthood of Southeastern Pennsylvania v. Casey

869 F. Supp. 1190, 1994 U.S. Dist. LEXIS 16675, 1994 WL 687534
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 16, 1994
DocketCiv. A. 88-3228
StatusPublished
Cited by7 cases

This text of 869 F. Supp. 1190 (Planned Parenthood of Southeastern Pennsylvania v. Casey) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Planned Parenthood of Southeastern Pennsylvania v. Casey, 869 F. Supp. 1190, 1994 U.S. Dist. LEXIS 16675, 1994 WL 687534 (E.D. Pa. 1994).

Opinion

MEMORANDUM

HUYETT, District Judge.

Pursuant to 42 U.S.C. § 1988, Planned Parenthood of Southeastern Pennsylvania and other abortion providers (“Plaintiffs”) petition for attorneys’ fees and costs associated with services rendered in this Court. For the reasons set forth below the petition is GRANTED WITH CERTAIN MODIFICATIONS.

I. BACKGROUND

This action involves a challenge by Plaintiffs to the constitutionality of certain provisions of Pennsylvania’s Abortion Control Act (“Act”), 18 Pa. Cons.Stat. §§ 3201-3220 (1990). This Court enjoined virtually all challenged provisions. Planned Parenthood of Southeastern Pennsylvania v. Casey, 744 F.Supp. 1323 (E.D.Pa.1990). Applying the strict scrutiny standard of review, this Court found unconstitutional the provisions relating to informed consent (§§ 3205, 3208), spousal notification (§ 3209), public disclosure of certain reports (§§ 3207(b), 3214(f)), certain reporting requirements (§ 3214(a), (h)), and the definition of medical emergency (§ 3203). The Court found unconstitutional the provision for parental consent for minors (§ 3206) under the undue burden standard of review.

The Commonwealth of Pennsylvania (“Defendants” or “Commonwealth”) appealed. Applying the undue burden standard, the Third Circuit Court of Appeals affirmed the uneonstitutionality of the spousal notice provision but held the other provisions constitutional. Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir.1991).

The Supreme Court affirmed in part and reversed in part the decision of the Third Circuit Court of Appeals. Applying the undue burden standard, the Supreme Court affirmed the uneonstitutionality of the spousal notification provision. Planned Parenthood v. Casey, — U.S.-, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). It also invalidated the reporting requirement for the spousal notice provision (§ 3214(a)(12)). It affirmed the constitutionality of all other challenged sections and remanded the case to the Court of Appeals for proceedings consistent with the opinion, including consideration of sever-ability of the spousal notice provision from the constitutional provisions of the Act.

On remand, the Court of Appeals found the spousal notice provisions severable and remanded the case to the District Court. Planned Parenthood v. Casey, 978 F.2d 74 (3d Cir.1992).

The determination of attorneys’ fees under 42 U.S.C. § 1988 involves several steps. First, the Court must decide if the petitioner is a prevailing party. If the petitioner is a prevailing party, the Court must then determine a reasonable fee. Second, the reasonable fee is obtained by calculating a lodestar. Third, the lodestar may be reduced if it is unreasonable in light of the “results obtained” or enhanced in cases of “exceptional success.” Hensley v. Eckerharb, 461 U.S. 424, 433-37, 103 S.Ct. 1933, 1939-41, 76 L.Ed.2d 40 (1983).

Plaintiffs request $526,429.30 in fees and $22,567.34 in costs. Upon thorough review of Plaintiffs’ petition for attorneys’ fees, the *1194 Commonwealth’s response, and Plaintiffs’ reply memorandum, the Court awards Plaintiffs $201,735.00 in attorneys’ fees and $20,-236.33 in costs, for a total of $221,971.33.

II. Calculating Attorney’s Fees Excluding the Fee Petition

A. Prevailing Party Status

Under 42 U.S.C. § 1988, courts may award reasonable attorneys’ fees to prevailing parties. Hensley, 461 U.S. at 429, 103 S.Ct. at 1937. “ ‘Plaintiffs may be considered prevailing parties if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.’ ” Id. at 433, 103 S.Ct. at 1939 (quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (1st Cir.1978)). The Supreme Court elaborated upon that definition and stated that a plaintiff must obtain at least some relief on the merits. Farrar v. Hobby, — U.S. -, -, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992); Hewitt v. Helms, 482 U.S. 755, 760, 107 S.Ct. 2672, 2675-76,- 96 L.Ed.2d 654 (1987). There must be a resolution of the dispute which changes the legal relationship between the parties. Hewitt, 482 U.S. at 760-61, 107 S.Ct. at 2675-76; Rhodes v. Stewart, 488 U.S. 1, 3-4, 109 S.Ct. 202, 203-04, 102 L.Ed.2d 1 (1988). This change occurs when a plaintiff obtains a judgment, consent decree, or settlement against the defendant. Farrar, — U.S. at -, 113 S.Ct. at 574. It may also occur if the lawsuit is a catalyst that produces “voluntary action by the defendant that affords the plaintiff all or some of the relief he sought through a judgment — e.g., a monetary settlement or a change in conduct that redresses the plaintiffs grievances.” Hewitt, 482 U.S. at 760-61, 107 S.Ct. at 2676; Baumgartner v. Harrisburg Hous. Auth., 21 F.3d 541, 544 (3d Cir.1994).

Plaintiffs assert that they succeeded on four issues: the constitutionality of the spousal notice provision (§ 3209), the reporting requirement of section 3214(a)(12), the scope of the definition of medical emergency (§ 3203), and the reaffirmation of the essential aspects of Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). Application Interim Attorneys’ Fees at 4. Plaintiffs are prevailing parties with respect to §§ 3209 and 3214(a)(12), and Defendants do not challenge their status on these issues. Although Plaintiffs must prevail on only one claim to obtain prevailing party status, the Court considers Plaintiffs’ status on the other claims because it is relevant to determining the reduction to Plaintiffs’ request because of limited success.

To be a prevailing party, the plaintiff must “ ‘succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.’ ” Hensley, 461 U.S. at 433, 103 S.Ct. at 1939 (quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)).

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Bluebook (online)
869 F. Supp. 1190, 1994 U.S. Dist. LEXIS 16675, 1994 WL 687534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/planned-parenthood-of-southeastern-pennsylvania-v-casey-paed-1994.