New Jerseyans for a Death Penalty Moratorium v. New Jersey Department of Corrections

This appeal requires us to address once again the standards that govern an award of attorney’s fees under a state fee-shifting statute. In this matter, the New Jerseyans for a Death Penalty Moratorium (NJDPM)1 sued the New Jersey Department of Corrections (DOC) to challenge the DOC’s promulgation of rules and procedures for carrying out capital sentences by lethal injection. In connection with its challenge, the NJDPM requested that the DOC turn over various records. Although it provided some of the records, the DOC claimed that a majority of the requested documents contained privileged…