Williams v. Board of Commissioners

938 F. Supp. 852, 1996 U.S. Dist. LEXIS 12570
District Court, S.D. Georgia·Decided August 15, 1996·No. Civil Action No. CV295-90·Published·Cited by 2 cases

Opinion

ORDER

ALAIMO, District Judge.

On June 14, 1995, Plaintiffs, Hazel Williams, Andrew Palmer, Curtis Coe, and Bill Brasher (“Plaintiffs”), filed a complaint in this Court, challenging the existing election districts of McIntosh County, Georgia. On May 24, 1996, a consent decree was entered, adopting a new apportionment plan for the districts.

This ease is presently before the Court on Plaintiffs’ motion for attorneys’ fees and costs under 42 U.S.C. § 1973Z (e)1 and on Defendants’ Motion for Review of Plaintiffs’ Bill of Costs. For the reasons addressed below, Plaintiffs’ motion will be GRANTED IN PART and DENIED IN PART, and Defendants’ Motion will be DENIED.

FACTS

This action involves a challenge to the election districts of McIntosh County, which was entered in accordance with a consent decree entered in McIntosh County Branch of the NAACP, et al. v. McIntosh County, CV277-70 (March 31, 1978). On July 13, 1995, Plaintiffs filed a motion for partial summary judgment, contending that the existing districts were malapportioned as a matter of law. On December 13, 1995, the Court entered an Order denying Plaintiffs’ motion on the ground that there remained a genuine issue of material fact concerning' the accuracy of the database used by Plaintiffs in making their malapportionment calculations.

Newspaper articles detailing the Court’s denial of summary judgment appeared shortly thereafter, with quotes from Plaintiffs’ attorney, David Buffington. Because of these articles, Defendants filed a motion for Sanctions, contending that Plaintiffs’ counsel violated Local Rule 11.2.2 Plaintiffs’ counsel filed a written response to Defendants’ motion, and a hearing was conducted on February 16, 1996. After hearing the arguments of counsel for both sides, the Court denied Defendants’ motion, stating that there was no evidence that Rule 11.2 had been violated.3

The parties settled on April 29, 1996, the day the case was scheduled for a bench trial. Consequently, on May 28, 1996, a Consent Decree was entered, adopting a new apportionment plan to be used in the 1996 elections, and thereafter.

[856] DISCUSSION

I. The Availability of Attorneys ’ Fees

The Voting Rights Act of 1965, 42 U.S.C. § 1973/ (e), authorizes courts to award reasonable attorneys’ fees to prevailing parties in actions brought under the voting guarantees of the fourteenth or fifteenth amendment to the United States Constitution.4 Section 1973/(e), which is strikingly similar to the Civil Rights Attorneys’ Fees Act of 1976, 42 U.S.C. § 1988,5 serves the familiar “goal of encouraging private litigants to act as private attorneys general to vindicate them rights and the rights of the public at large, by guaranteeing to them, if they prevail, reasonable attorneys’ fees.” Donnell v. United States, 682 F.2d 240, 245-46 (D.C.Cir.1982), cert. denied, 459 U.S. 1204, 103 S.Ct. 1190, 75 L.Ed.2d 436 (1983). This is espe cially true, where, as here, the Defendants are governmental entities. Martin v. Heckler, 773 F.2d 1145, 1150 (11th Cir.1985).

With § 1973/(e), Congress sought to create an alternative means to assure, without the expenditure of additional public funds, that the policies underlying the Voting Rights Act are successfully implemented. Medders v. Autauga County Bd. of Educ., 858 F.Supp. 1118, 1122 (M.D.Ala.1994). As such, a prevailing plaintiff ordinarily is entitled to a fee award as a matter of course, absent special circumstances that would render such an award unjust. Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 401, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968).6

In Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), the Supreme Court held that, for fee purposes under § 1988, a plaintiff may be considered a “prevailing party” if the plaintiff succeeds 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. (citation omitted). As the Supreme Court explained in Texas State Teachers Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989), awards of attorneys’ fees are not de pendent upon the plaintiff succeeding on all claims or even on achieving success on the central issue of the litigation. Id. at 790-91, 109 S.Ct. at 1492-93. To the contrary, all the significant-relief standard requires is that the plaintiff receive at least some relief on the merits of his claim, either through an enforceable judgment against whom the fees are sought or comparable relief from a consent decree or settlement. Id. at 792, 109 S. Ct. at 1493; Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992); Doe v. Busbee, 684 F.2d 1375, 1379 (11th Cir.1982). “In short, a plaintiff prevails when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Farrar, 506 U.S. at 111, 113 S.Ct. at 573.

Applying the above-stated principles, it is clear that Plaintiffs prevailed in this action. The Consent Decree entered by the parties adopted a new apportionment scheme for all subsequent elections, including the [857] primary elections held July 9, 1996. (Consent Order at ¶2, 4). Defendants assert, however, that Plaintiffs’ aim was not to reapportion the voting districts, but the achievement of political objectives through the ousting of incumbent county commissioners. This assertion is not supported in the record. In any event, it is only natural that voting rights plaintiffs are unsatisfied with the existing officials, for voting rights litigation involves a claim that voting strength is not as powerful as it should be.

II. The Amount of Attorneys’ Fees to be Awarded

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Williams v. Board of Commissioners, 938 F. Supp. 852, 1996 U.S. Dist. LEXIS 12570 (S.D. Ga. 1996).

938 F. Supp. 852 (Williams v. Board of Commissioners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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