Legal Opinion

Carter v. Rhode Island, Department of Corrections

District Court, D. Rhode Island

Decided October 29, 1998No. 93-0447-TPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TORRES, District Judge.

The defendants seek attorneys’ fees for defending what this Court previously found to be a frivolous suit. The issue presented is whether, under 42 U.S.C. §§ 1988(b) and 2000e-5(k), the “reasonable attorney’s fee” awarded to government defendants who are represented by salaried government lawyers should be calculated in accordance with the lodestar method that reflects prevailing market rates for such services, or, alternatively, whether it should be based upon the salaries of the defendants’ lawyers. I find that the lodestar method applies and,…

2Cases cited13 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  4. Blanchard v. BergeronSupreme Court of the United States · 1989
  5. Denise COUTIN, Et Al., Plaintiffs, Appellants, v. YOUNG & RUBICAM PUERTO RICO, INC., Defendant, AppelleeCourt of Appeals for the First Circuit · 1997

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3Cited by6 opinions

  1. Balkind v. Telluride Mountain Title Co.Colorado Court of Appeals · 2000
  2. Cardillo v. CardilloDistrict Court, D. Rhode Island · 2005
  3. Inclusion, Inc. v. Idaho Department of Health & WelfareIdaho Supreme Court · 2016
  4. Inmates of the Rhode Island Training School v. MartinezDistrict Court, D. Rhode Island · 2006
  5. INMATES OF THE RI TRAINING SCHOOL v. MartinezDistrict Court, D. Rhode Island · 2006

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