Rutherford v. Pitchess

713 F.2d 1416
Court of Appeals for the Ninth Circuit·Decided August 23, 1983·No. No. 82-5071·Published·Cited by 41 cases

Opinions

NELSON, Circuit Judge:

Appellants, plaintiffs in the action below, appeal from a district court order awarding $5,000 in attorney’s fees under 42 U.S.C. § 1988 (Supp. IV 1980) for services rendered by their attorney, the American Civil Liberties Union, in proceedings (1) to enforce compliance with a final judgment by way of contempt and (2) to modify that judgment. In determining the fee award, the district court considered two factors that are improper considerations in setting attorney’s fees in civil rights actions. Furthermore, although the district court was correct in considering the outcome of the proceedings as a factor, the court did not sufficiently articulate the relationship between the fee awarded and the results obtained. We therefore reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On February 15, 1979, plaintiffs obtained a judgment requiring defendants, who are the public officials responsible for maintaining and operating the Los Angeles County Central Jail, to make certain constitutionally required improvements in the jail.

In May 1980, plaintiffs obtained an order to show cause re contempt for violations of the judgment. Paragraph 1 of the judgment requires that every prisoner kept overnight in the jail be provided a mattress and a bunk on which to sleep, with exceptions allowed for emergencies and security problems. Plaintiffs alleged that due to overcrowding, many prisoners were required to sleep on the floor or in other areas not designated for sleeping. Plaintiffs also alleged that defendants had violated paragraph 3 of the judgment, which requires that prisoners be allowed at least two and one-half hours of outdoor exercise or other recreation per week. The prisoners alleged that adherence to the outdoor exercise schedule was sporadic and that even when they were allowed outdoor exercise, the time periods were often shorter than required. Paragraph 6 of the judgment sets forth certain requirements for transferring prisoners from the jail to court. The prisoners contended that defendants had violated these requirements in that prisoners were often awakened before the specified time, the holding cells did not contain a sufficient number of seats, and prisoners were often required to wait for long periods in the holding cells and on the bus. Furthermore, the prisoners alleged that defendants had violated paragraph 9 of the judgment by not allowing the prisoners the minimum fifteen minutes for each meal. Finally, paragraph 10 of the judgment requires that each inmate receive a complete change of clothing at least twice a week. The prisoners alleged that they seldom received a change of clothing more frequently than once a week and that a complete set of clothing often was not available.

In addition, plaintiffs filed a motion to reopen the case and to modify the judgment on the issues of overcrowding and indoor recreation and to enjoin defendants (1) from housing prisoners in undesignated areas and (2) to comply with the classification and recreation program presented at trial. Defendants had presented a plan under which they proposed to classify prisoners and provide them liberalized access to the freeways and dayrooms. In view of defendants’ voluntary efforts on this issue, the district court concluded in its memorandum decision that no formal order was necessary regarding the use of dayrooms and freeways. In their post-trial motion to reopen, the prisoners alleged that defendants had not adhered to their proposed plan. [1419] Rather, the prisoners claimed that due to overcrowding, jail dayrooms and freeways had been converted to living quarters and consequently the prisoners had suffered in terms of both lessened living space and reduced access to recreational areas.

The district court issued its memorandum decision on October 20,1981. The court did not hold defendants in contempt, but the court recognized that the bringing of the contempt proceedings had an impact upon defendants’ subsequent good faith compliance with the judgment. The court also denied plaintiffs’ motion to modify the judgment, noting that events subsequent to the initiation of the proceedings rendered further modification unnecessary. The court granted defendants’ motion to modify the order with regard to court transportation procedures.

Plaintiffs filed a motion for attorney’s fees under 42 U.S.C. § 1988 (Supp. IV 1980) for services rendered in the contempt/modification proceedings, seeking $64,000 for 430 claimed hours at a rate of $100 per hour times an incentive multiplier of 1.5. The district court awarded plaintiffs’ counsel a “token” award of $5,000. The court recognized that $5,000 was “far less than adequate consideration for the time and efforts reasonably and necessarily required for the proceedings.” Nevertheless, the court determined the $5,000 award to be reasonable in light of several factors, including (1) the outcome of the proceedings, (2) defendants’ good faith efforts to comply with the judgment, (3) the efforts reasonably required for the proceedings, and (4) the fact that plaintiffs’ counsel had received $95,000 in attorney’s fees in the primary action.

On appeal plaintiffs contend that the district court abused its discretion in awarding only $5,000 in attorney’s fees.

DISCUSSION

I. Plaintiffs were the prevailing party in the eontempt/modification proceedings.

Under section 1988, “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” in civil rights actions. 42 U.S.C. § 1988 (Supp. IV 1980).

In order to be characterized as a “prevailing party,” a party need not obtain formal relief on the merits. Maher v. Gagne, 448 U.S. 122, 129, 100 S.Ct. 2570, 2575, 65 L.Ed.2d 653 (1980); S.Rep. No. 1011, 94th Cong., 2d Sess. 5, reprinted in 1976 U.S.Code Cong. & Ad.News 5908, 5912-13. Rather, the party must establish “some sort of clear, causal relationship between the litigation brought and the practical outcome realized.” American Constitutional Party v. Munro, 650 F.2d 184, 188 (9th Cir.1981) (emphasis in original).

In this case, plaintiffs did not secure a modification of the judgment nor were defendants held in contempt. However, the district court’s findings of fact and conclusions of law indicate that the pendency of the proceedings resulted in improvements in the defendants’ efforts to comply with the judgment:

7. Plaintiffs failed to carry their burden of proof with regard to their motion for modification of the judgment, although the pendency of these proceedings resulted in corrective action that rendered modification unnecessary.
8. Although the plaintiffs were not the prevailing party, there were reasonable grounds for the plaintiffs to have initiated these subsequent proceedings, and the plaintiffs efforts have had an impact on encouraging the defendant’s good faith efforts to adhere to the portions of the judgment ....

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

Rutherford v. Pitchess, 713 F.2d 1416 (9th Cir. 1983).

713 F.2d 1416 (Rutherford v. Pitchess) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hubbard v. Twin Oaks Health & Rehabilitation Center
406 F. Supp. 2d 1096 (E.D. California, 2005)
Jack Wayne Friend v. Ronald Kolodzieczak
965 F.2d 682 (Ninth Circuit, 1992)
Robinson v. Ariyoshi
933 F.2d 781 (Ninth Circuit, 1991)
Tokuhama v. City & County of Honolulu
751 F. Supp. 1394 (D. Hawaii, 1990)
Hutchison v. Wells
719 F. Supp. 1435 (S.D. Indiana, 1989)
Oregon Environmental Council v. Kunzman
817 F.2d 484 (Ninth Circuit, 1987)
Oregon Environmental Council v. Leonard Kunzman
817 F.2d 484 (Ninth Circuit, 1987)
Orville Taylor v. United States
815 F.2d 249 (Third Circuit, 1987)
Herrington v. County of Sonoma
655 F. Supp. 1111 (N.D. California, 1987)
Ridgeway v. Montana High School Ass'n
638 F. Supp. 326 (D. Montana, 1986)
Paul Jensen v. Harry Stangel
790 F.2d 721 (Ninth Circuit, 1986)
Gorelangton v. City of Reno
638 F. Supp. 1426 (D. Nevada, 1986)
Planned Parenthood v. Arizona
789 F.2d 1348 (Ninth Circuit, 1986)