Sorenson v. Mink

239 F.3d 1140
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 13, 2001
DocketNos. 99-35709, 99-35722
StatusPublished
Cited by176 cases

This text of 239 F.3d 1140 (Sorenson v. Mink) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sorenson v. Mink, 239 F.3d 1140 (9th Cir. 2001).

Opinion

GRABER, Circuit Judge:

After the parties settled this class action, the district court awarded Plaintiffs $989,431.08 in attorney fees, which was about $500,000 less than they had requested. The Commissioner of the United States Social Security Administration (“the federal Defendant”) appeals, arguing that the fee award is too large; Plaintiffs cross-appeal, arguing that the fee award is too small. We hold that (1) the district court abused its discretion by failing to deduct' from the award of fees hours that were documented inadequately or that reflected duplicative efforts or excessive staffing; (2) the district court properly considered the extent of Plaintiffs’ success; (3) the cost-of-living adjustment for fees awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, must be calculated according to the consumer price index for the year in which the fees were earned; and (4) the “prevailing market rate” is the proper measure of fees awarded under 42 U.S.C. § 1988. Accordingly, we affirm the district court’s order in part, reverse it in part, and remand the matter for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

Pursuant to 42 U.S.C. § 421(a), states are permitted to make determinations of eligibility for Social Security benefits, on behalf and under the supervision of the Social Security Administration (SSA). The State of Oregon has undertaken that responsibility. An Oregon agency, Disability Determination Services (DDS), administers the program, and two other state agencies, the Vocational Rehabilitation Division (VRD) and the Department of Human Services (DHS), oversee DDS’s operations.

In 1994, Plaintiffs filed this class action on behalf of Oregon residents whose claims for disability benefits had been or would be denied by DDS. They named as defendants the administrators of DDS, VRD, and DHS (collectively “the state Defendants”) and the federal Defendant. Plaintiffs’ complaint alleged that the state Defendants had “engaged in a uniform pattern of procedural practices by which initial applications and requests for reconsideration of disability benefits are wrongfully denied.” Plaintiffs also alleged that the federal Defendant had failed to monitor adequately the state Defendants’ administration of the disability program. They sought declaratory and injunctive relief, as well as costs and attorney fees. Plaintiffs brought their claims against the state Defendants under 42 U.S.C. § 1983, and their claims against the federal Defendant under 42 U.S.C. § 405(g).

The state Defendants moved to dismiss Plaintiffs’ § 1983 claims, arguing that they did not act under color of state law in administering the SSA’s benefits program. The district court denied that motion in a published opinion. Sorenson v. Concannon, 893 F.Supp. 1469, 1484 (D.Or.1994).

After extensive discovery and an unsuccessful mediation, the parties settled on the eve of trial, in October 1998. In the parties’ settlement agreement, all Defendants agreed to a series of conditions, which fell under six general headings: “Enhanced Quality Assurance”; “Additional Disability Examiners Training And Observation”; “Systemic Measures And Related Actions”; “Plaintiffs’ Representation On The Advisory Council Of The Oregon DDS”; “Open Door Policy For DDS and SSA”; and “Case Review To Ascertain Possible Systemic Problems.”

Additionally, the federal Defendant agreed to pay Plaintiffs’ costs and attorney [1144]*1144fees. The relevant section of the settlement agreement provides:

Plaintiffs’ Counsel are entitled to payment of reasonable attorneys’ fees, reasonable expenses in prosecuting this action, and costs for efforts that materially advance this litigation, consistent with applicable legal standards. In the event that the parties cannot agree to the amount of reasonable attorneys’ fees, expenses and costs as defined above, plaintiffs shall file a fee application to the Court within ninety (90) days of the effective date of this agreement.

The parties were unable to agree on the amount of attorney fees. Plaintiffs therefore filed a fee petition in district court, requesting a total of $1,446,908 for 8,298.39 hours of work by lawyers, legal assistants, and law clerks. In support of their request, Plaintiffs attached affidavits, billing sheets, and other documents. They sought hourly fees of $150 for three junior lawyers, $200 for five more experienced lawyers, and $350 for one senior lawyer.

The federal Defendant opposed Plaintiffs’ request for attorney fees, asserting that the hours that Plaintiffs’ lawyers had claimed were excessive, duplicative, and inadequately documented. The federal Defendant contended that Plaintiffs were entitled to no more than $267,257.47 in attorney fees. Plaintiffs then filed a response memorandum, to which they attached additional documentation and billing records.

After a hearing, the district court issued an order on May 5, 1999. In its order, the court first stated that Plaintiffs had “accomplished” their “mission” in this action, which was to improve the disability determination system in Oregon. The court then noted that Defendants also claimed to have expended more than 8,000 hours of lawyer, law clerk, and paralegal services on the action. After deducting 238 undocumented hours that Plaintiffs had attributed to a law clerk, the court allowed the remaining 8,059.44 hours that Plaintiffs had claimed.

The court then set an hourly rate. The court first noted that the hours that were attributable to Plaintiffs’ claim against the federal Defendant were “capped” at $132 per hour. However, the court did not make a finding as to how many hours were related to Plaintiffs’ claim against the federal Defendant. The court then concluded that, although the proposed hourly rates “vary widely among plaintiffs’ counsel, ... this was a joint effort” and all counsel would be compensated at a uniform rate of $132 per hour. The court explained its conclusion as follows:

I consider this to be a fair and reasonable approach in view of the rate of inflation over the past eight years, the fact that at least part of the attorney fee claim (against the federal defendant) is restricted to $132 per hour by the Equal Access to Justice Act, and the fact that portions of the fee request are documented inadequately and reflect dupli-cative efforts and excessive staffing.

(Emphasis added.)

The federal Defendant appeals, arguing that the district court should have deducted from its calculation hours that were undocumented, excessive, or duplicative. It also argues that the $132 hourly rate was too high for the hours that were attributable to the claim against it.

Plaintiffs cross-appeal, arguing that the $132 hourly rate was too low for the hours that were attributable to their claims against the state Defendants.

STANDARD OF REVIEW

This court reviews a district court’s award of attorney fees for abuse of discretion. See Atkins v. Apfel,

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239 F.3d 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorenson-v-mink-ca9-2001.