Yates v. Mobile County Personnel Board

719 F.2d 1530, 35 Fair Empl. Prac. Cas. (BNA) 870
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 21, 1983
DocketNos. 82-7149, 82-7262
StatusPublished
Cited by14 cases

This text of 719 F.2d 1530 (Yates v. Mobile County Personnel Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yates v. Mobile County Personnel Board, 719 F.2d 1530, 35 Fair Empl. Prac. Cas. (BNA) 870 (11th Cir. 1983).

Opinion

VANCE, Circuit Judge:

In case no. 82-7149 the judgment of the district court is AFFIRMED. See circuit rule 25.

In case no. 82-7262 plaintiff appeals the district court’s award of attorneys’ fees under 42 U.S.C. § 2000e-5(k) and 42 U.S.C. § 1988, urging that the district court erred in reducing the amount recommended by the magistrate acting as special master.1 The magistrate’s report contains an analysis made in accordance with Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974). He recommended a fee covering 1,038.5 compensable hours at $75.00 per hour plus a thirty-five percent enhancement for a total of $105,148.10 together with $4,022.36 in expense reimbursement. Twenty-five percent of the recommended enhancement was based on the contingent nature of the fee and the concomitant delay of several years in payment. The remaining ten percent was based on other Johnson factors including the results obtained, the novelty of the case, the skill required, the adverse impact on other work, the standing of plaintiffs’ counsel, and awards in similar [1532]*1532cases. The full report of the magistrate appears as an appendix to this opinion.

The district court awarded the recommended $75.00 per hour plus expenses but disallowed the entire enhancement of thirty-five percent, which it found to be unreasonable. Its brief order was largely conclusory but the court specifically addressed the contingent aspect of the fee,

This does not impress the Court. Every lawyer knows when he takes a case on a contingent basis that there might be no recovery in the case. This is something the lawyer must weigh in his decision whether he will represent the client.

In connection with the delay the court stated:

[T]his Court is only willing to compensate Mr. Stein at the rate of $75 per hour in this case because, in part, the Court believes that that hourly rate is required to make Mr. Stein whole for the years during which he worked for no compensation.

The court intimated that except for the delay factor an hourly rate of $60.00 might be appropriate. Its order did not reveal the basis on which the remaining ten percent enhancement was disallowed. From the language of the order we take it to be implicit that the district judge otherwise approved all of the magistrate’s findings not explicitly disapproved.

Plaintiff’s argument proceeds from the contention that the recommendation of the magistrate is an exercise of discretion that the district court is bound to follow in the absence of an abuse of discretion. We do not agree. The discretion lies with the district court, whose determination of reasonable amount is subject to review by this court. Johnson v. Georgia Highway Express, Inc., 488 F.2d at 717.

The policy that guides our review of this exercise of discretion was recently stated in Johnson v. University College, 706 F.2d 1205 (11th Cir.1983) and bears restatement here:

This nation has sought to protect citizens’ most basic, cherished rights and liberties by enacting a plethora of civil rights laws. Congress recognized in the Fees Act and in Title VII, however, that effective enforcement of those laws depends to a large extent upon the action of private citizens, not just government officials .... It also perceived that most victims of civil rights violations lacked the resources to obtain the legal counsel necessary to vindicate their rights through the judicial process.... Adequate fee awards are essential to the full enforcement of the civil rights statutes and are an integral part of the remedies necessary to secure compliance with those laws.... The standards and principles underlying the Fees Act and the fee provisions of Title VII are the same....
Congress further recognized that effective enforcement of civil rights laws depends on fee awards sufficient to attract competent counsel without producing a windfall to the attorneys. To this end, it explicitly expressed its intent that the “amount of fees awarded [under the Fees Act] be governed by the same standards which prevail in other types of equally complex Federal litigation, such as antitrust cases ... ”, and that fee computations result in payments, “as is traditional with attorneys compensated by a fee-paying client, ‘for all time reasonably expended on a matter.’ ”... This Court has recognized that “the standard of reasonableness is to be given a liberal interpretation.”

Id. at 1211 (citations omitted). Our application of this stated policy is given shape in the familiar methodology established in Johnson v. Georgia Highway Express, Inc. See also Hensley v. Eckerhart, - U.S. -,- n. 9, 103 S.Ct. 1933, 1940 n. 9, 76 L.Ed.2d 40 (1983) (“The district court also may consider other factors identified in [Johnson ], though it should note that many of these factors usually are subsumed within the initial calculation of hours reasonably expended at a reasonable hourly rate.”).

Our review of the district court’s exercise of discretion is precluded by the court's failure to enter an order that meets the adequate explanation requirements set out in Fitzpatrick v. IRS, 665 F.2d 327, 332 (11th Cir.1982). When a magistrate’s re[1533]*1533port meets those requirements, clearly indicating how each Johnson factor influenced his recommendation, we see no necessity for a trial judge to repeat the procedure if he is entering an order confirming and adopting the recommendation. To the extent that the trial judge is not following the recommendation, however, it is necessary that he articulate his ruling in sufficient detail to enable us to accomplish a meaningful review. The order before us reveals the basis for disallowing the twenty-five percent enhancement but is silent as to the basis on which the additional ten percent enhancement was disallowed. Subject to one modification the district court’s award was based simply on an hours times hourly rate computation. The one modification was approval of a higher than usual hourly rate to compensate plaintiff’s counsel for delay in payment.

The Supreme Court recently clarified the appropriate methodology for vindicating the public policy underlying attorneys’ fee awards in civil rights cases. In Hensley v. Eckerhart, - U.S. -, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), which came down subsequent to the award that is now before us, the Court discussed the standards to be applied when a plaintiff prevails on less than all of the stated claims and emphasized that a crucial factor is the extent of the plaintiff’s success.

The product of reasonable hours times a reasonable rate does not end the inquiry.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
719 F.2d 1530, 35 Fair Empl. Prac. Cas. (BNA) 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yates-v-mobile-county-personnel-board-ca11-1983.