Hadix v. Johnson

OPINION

RYAN, Circuit Judge.

The plaintiffs appeal the district court’s calculation of attorney fees under the Prison Litigation Reform Act of 1995 (PLRA), Pub.L. No. 104-134, 110 Stat. 1321 (codified in scattered sections of the U.S.Code). We must decide whether attorney fees under the PLRA should be computed according to the hourly rate authorized by the Judicial Conference for the payment of court-appointed counsel or on the rate that historically has actually been paid to appointed counsel in PLRA cases. For the reasons that follow, we shall REVERSE and REMAND.

I

The facts are not in dispute.…