Legal Opinion

Jerry E. Stewart Richard Eugene Smith Kenneth Wilson William Brown v. Brad Gates, Sheriff William Wallace Ralph A. Diedrich Robert W. Battin

Court of Appeals for the Ninth Circuit

Decided March 12, 1993No. 90-56080PublishedCited by 56 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Sheriff Brad Gates and the other defendants appeal the district court’s award of $100,000 in attorney fees under 42 U.S.C. § 1988. Defendants do not dispute the $2539.24 award for costs incurred by plaintiffs’ attorneys. The underlying civil rights litigation concerns prison conditions in Orange County, California. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand the fee award.

I

Litigation over the Orange County prison conditions began in 1975 and has resulted in various court orders to improve those conditions. The district court has never appointed…

2Cases cited12 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  4. City of Burlington v. DagueSupreme Court of the United States · 1992
  5. Kerr v. Screen Extras Guild, Inc.Court of Appeals for the Ninth Circuit · 1975

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3Cited by56 opinions

  1. In Re Washington Public Power Supply System Securities Litigation. Class Chemical Bank, in Its Representative Capacity as Trustee for Bondholders, and Bernstein, Litowitz, Berger & Grossman Milberg, Weiss, Bershad, Specthrie & Lerach Molloy, Jones & Donahue, P.C. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Lawrence Laub v. Continental Assurance Company v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Continental Assurance Company v. Berger & Montague, P.A. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1994
  2. Jenkins v. MissouriCourt of Appeals for the Eighth Circuit · 1997
  3. Meister v. Regents of University of CaliforniaCalifornia Court of Appeal · 1998
  4. Applegate v. United StatesUnited States Court of Federal Claims · 2002
  5. Pak v. HoangCourt of Appeals of Maryland · 2003

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