Robinson v. City of Edmond

160 F.3d 1275, 1998 Colo. J. C.A.R. 6155, 1998 U.S. App. LEXIS 28170, 1998 WL 774649
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 6, 1998
Docket96-6399
StatusPublished
Cited by330 cases

This text of 160 F.3d 1275 (Robinson v. City of Edmond) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. City of Edmond, 160 F.3d 1275, 1998 Colo. J. C.A.R. 6155, 1998 U.S. App. LEXIS 28170, 1998 WL 774649 (10th Cir. 1998).

Opinions

EBEL, Circuit Judge.

This appeal arises from a significantly reduced award of attorneys fees in a hard-fought First Amendment case. In this case, by reducing the plaintiffs’ fee request almost in half, the district court seriously undermined the important principles at stake in the Civil Rights Attorney’s Fees Awards Act, codified at 42 U.S.C. § 1988 (1994). Because the reasons offered by the district court in support of its reduction of the fee request are clearly erroneous, we find that the court has abused its discretion, and we remand for further consideration.

Background

This case has wended its way through the courts for more than five years, with multiple disputes over attorneys fees. Because of the complexity of the fees issue here, we must reiterate much of the procedural history of the case even though the facts of the substantive dispute are fully recounted in our 1995 decision. See Robinson v. City of Edmond, 68 F.3d 1226, 1228 (10th Cir.1995), cert. denied, 517 U.S. 1201, 116 S.Ct. 1702, 134 L.Ed.2d 801 (1996).

This litigation began in 1993 when certain residents and business people of Edmond, Oklahoma, sued the city and its officials over the city’s use of a Latin cross in the city’s official seal. Edmond had adopted the seal in 1965 following a competition sponsored by the city and a local newspaper. After almost a generation of use of the Latin cross on city vehicles, city flags, city road signs and city letterheads, the plaintiffs here challenged the city’s official seal on the grounds that it infringed their free exercise of religion by endorsing and compelling adherence to the Christian faith and it unconstitutionally established a religion, both in violation of the First and Fourteenth Amendments. The plaintiffs also alleged violations of the religious liberty and non-sectarian clauses of the Oklahoma Constitution, Art. I, § 2 and Art. II, § 5. Bringing suit under 42 U.S.C. § 1983, the plaintiffs sought “nominal actual damages” of at least $25 against each defendant, and declaratory and injunctive relief.

On various motions for summary judgment from the defendants, the district court dismissed the plaintiffs’ Free Exercise Clause and related state-constitution claims, as well as the plaintiffs’ claims for damages against the city officials in their individual capacities. See Robinson, 68 F.3d at 1228. However, the court scheduled a bench trial for the plaintiffs’ Establishment Clause claim against the city and its officials. Following a two-day trial, the court ruled in favor of the defendants, finding that the use of the Latin cross did not violate the Establishment Clause under the test set forth in Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971). See Robinson, 68 F.3d at 1228.

After the district court’s judgment, the defendants sought reimbursement from the plaintiffs for the time spent by the city’s three private attorneys — $117,083 in attorneys’ fees — as well as other costs, under 42 U.S.C. § 1988(b).1 The district court awarded only a small portion of this request, finding that the plaintiffs’ Establishment Clause claim and the related Oklahoma Constitution claim were “not frivolous,” but that the Free Exercise Clause claim was “without foundation” because the plaintiffs had conceded in their depositions that they were free to exercise their religion. On the basis of these findings, the district court awarded the defendants $2,361 in attorneys’ fees incurred in defending against the Free Exercise claim.2

[1279]*1279The plaintiffs first appealed the district court’s substantive decision on the Establishment Clause claim, and they subsequently filed a second appeal of the attorneys’ fees order. The plaintiffs did not appeal the district court’s summary judgment on the Free Exercise claim or the dismissal of claims against city leaders in their individual capacities. Both appeals were consolidated in a single decision, in which we reversed the trial court. See Robinson, 68 F.3d at 1228. We concluded that under Lemon v. Kurtzman and its progeny, the city’s use of the Latin cross conveyed a message that a particular religious belief was preferred. See id. at 1232-33. As a result, we found that the city’s official seal violated the Establishment Clause. See id. In light of this conclusion, we held that the plaintiffs were prevailing parties under 42 U.S.C. § 1988(b), and we remanded the district court’s award of attorneys’ fees for “a redetermination.” See id. at 1233.

The defendants petitioned for a writ of certiorari, which was denied over a dissent by Chief Justice Rehnquist, joined by Justices Sealia and Thomas. See City of Edmond v. Robinson, 517 U.S. 1201, 116 S.Ct. 1702, 134 L.Ed.2d 801 (1996). In his dissent, the Chief Justice said there was an important circuit split over the question of whether religious symbols in a municipal seal violated the Establishment Clause. See id. (Rehnquist, C.J., dissenting). Furthermore, the Chief Justice argued that this case presented an important question of standing in the context of an Establishment Clause claim, which the Tenth Circuit’s opinion had not addressed. See id. at 1202-03, 116 S.Ct. 1702 (Rehnquist, C.J., dissenting).

On remand, the district court awarded the plaintiffs nominal damages of $1 against each defendant, and the court entered a permanent injunction barring the use of the Latin cross in the city’s official seal. The plaintiffs also submitted an application for their attorney’s fees under 42 U.S.C. § 1988(b). The plaintiffs requested $186,008.75 in attorney’s fees and $3,150.80 in litigation expenses.3 In support of this request, the plaintiffs attached billing records showing that Michael C. Salem, the plaintiffs’ lead attorney, had discounted his hours by 7.7 percent, leading to a total request for 1,048.4 hours at an hourly rate of $175 per hour.4 The plaintiffs also requested reimbursement for nearly 33.85 hours of time spent by a law clerk in Salem’s office, at $75 per hour.

The defendants generally objected to this fee request as unreasonable, but they specifically articulated objections to only $43,-732.50 of the fee request, leaving $142,276.25 in requested attorney’s fees not separately contested. In response to the defendants’ contention that the plaintiffs’ attorney had engaged in “block-billing,” the plaintiffs submitted the individual time slips for Salem, recounting the specific tasks he worked on each day and how much time he allotted to each task.

The district court rendered a total award under § 1988(b) of $105,720.89, which was well below the amount the defendants had left uneontested.5 The court said it had no doubt that Salem actually had worked all of the hours he claimed, and the court did not dispute his hourly rate of $175, although the court reduced the hourly rate of Salem’s legal assistant, Vincent J. Liesenfeld.

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160 F.3d 1275, 1998 Colo. J. C.A.R. 6155, 1998 U.S. App. LEXIS 28170, 1998 WL 774649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-city-of-edmond-ca10-1998.