Legal Opinion

Sergio Hernandez v. Kalinowski, Sgt. Clemson, C.O. Novotney, Capt. John Doe, C.O., I John Doe, C.O., II

Court of Appeals for the Third Circuit

Decided July 13, 1998No. 97-1734PublishedCited by 56 opinions

1Opinion of the Court

*198OPINION OF THE COURT

BRIGHT, Circuit Judge.

This case presents the question whether under the Prison Litigation Reform Act an attorney who has successfully represented a prisoner in a civil rights action is entitled to attorney fees for time spent on the fee petition. This opinion appears to be the first in the United States Courts of Appeal to address this important question which arises under the Prison Litigation Reform Act (“PLRA”), particularly § 803d, 42 U.S.C. § 1997e(d). In addition, appellant Hernandez seeks an increase in the hourly rate for the fees. We reverse on the issue of “fees…

2Cases cited13 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  3. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  4. Kneipp v. TedderCourt of Appeals for the Third Circuit · 1996
  5. Kokoszka v. BelfordSupreme Court of the United States · 1974

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3Cited by56 opinions

  1. Brightwell v. LehmanCourt of Appeals for the Third Circuit · 2011
  2. Cedric Johnson v. George M. Daley, and United States of America, Intervenor-AppellantCourt of Appeals for the Seventh Circuit · 2003
  3. United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. GrahamCourt of Appeals for the Third Circuit · 1999
  4. Coleman Jackson v. State Board of Pardons and Paroles, Dept. of Offender Rehabilitation of the State of GeorgiaCourt of Appeals for the Eleventh Circuit · 2003
  5. United States v. Alejandro Robles-RodriguezCourt of Appeals for the Ninth Circuit · 2002

51 more not listed; retrieve them via the Exa API.

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