Fain v. Caddo Parish Police Jury
Decision Date | 12 December 1977 |
Docket Number | No. 76-1594,76-1594 |
Citation | 564 F.2d 707 |
Parties | William A. FAIN, Jr., Plaintiff, v. CADDO PARISH POLICE JURY and Members thereof, et al., Defendants-Appellees, v. Louis PENDLETON, Intervenor-Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
John A. Richardson, Dist. Atty., Lawrence M. Johnson, Stephen A. Glassell, Asst. Dist. Attys., Shreveport, La., for defendants-appellees.
William A. Fain, pro se.
Gard Wayt, pro se.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before BROWN, Chief Judge, and GEWIN and TJOFLAT, Circuit Judges.
I
This case involves an appeal from an attorney's fee award in a voting rights case. Following proceedings to implement a non-dilutionary voting apportionment plan, appellant Pendleton, as a prevailing party below, sought to recover an attorney's fee pursuant to 42 U.S.C. § 1973l (e). 1 Although the parties stipulated to the fact that counsel, Stanley Halpin, had spent 116 hours in connection with the services for which he sought compensation, the district judge awarded him only $1,000.
Much of the time spent by counsel went towards the formulation of a voting apportionment plan. 2 Also working on such a plan was a special master appointed by the trial court. Although several proposed plans were submitted for the court's consideration, Halpin did not submit a proposal, rather, he concurred in the one prepared by the special master. The plan submitted by the special master was selected for implementation. In fixing the amount of Halpin's award the court expressly relied on only one finding.
Considering that the vast majority of work done in connection with the reapportionment of the Caddo Parish Police Jury was accomplished by the Special Master appointed herein, and by the Court itself, we conclude that a fee of One Thousand Dollars for the attorney for the plaintiffs-intervenors herein would be entirely adequate. (R. 685).
II
It is beyond dispute that pursuant to 42 U.S.C. § 1973l (e) the appellant was entitled to recover a reasonable attorney's fee. 3 Yet, the award made breaks down to the minimal amount of $8.62 per hour. Without suggesting what would constitute a reasonable attorney's fee in this case, 4 we must reverse the award because in fixing the fee the district judge failed expressly to consider the factors enumerated in Johnson v. Georgia Highway Express Co., 488 F.2d 714 (5th Cir. 1974). In Rainey v. Jackson State College, 551 F.2d 672 (5th Cir. 1977), we listed these twelve factors as follows:
(12) awards in similar cases. Id. at 676.
The district court's order fixing Halpin's fee indicates on its face that the court failed to consider any of these factors. Of particular concern to us is that the district judge apparently gave no consideration to the time spent by Halpin. As we said in Rainey : ". . . Johnson compels that time spent must be given real consideration as a factor." Id. at 677.
Not only must a district judge actually consider these factors, but he must expressly indicate on the record that he has done so. See, e. g., Wolf v. Frank, 555 F.2d 1213 (5th Cir. 1977); Miller v. Mackey International, Inc., 515 F.2d 241 (5th Cir. 1975) Without such explication "appellate review of the award becomes a meaningless gesture." Matter of First Colonial Corp. of America, 544 F.2d 1291, 1301 (5th Cir. 1977).
Finally, we reject the appellee's contention that consideration of the standards enunciated in Johnson is not required in a voting rights case. As this court stated in Matter of First Colonial Corp. of America :
Although Johnson involved a suit brought under 42 U.S.C.A. § 2000e et seq., the guidelines we established there are equally useful whenever the award of reasonable attorneys' fee is authorized by statute. Id. at 1299. See also Panior.
We therefore reverse and remand to the district court for reconsideration in light of this opinion. 5
REVERSED AND REMANDED.
1 In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States a reasonable attorney's fee as part of the costs.
2 Perhaps the most significant aspect of counsel's involvement lies in his successful opposition to an apportionment plan submitted by the appellee for implementation. It was after this plan was rejected by the court that counsel undertook to formulate a plan on behalf of his client.
3 Appellee, in its brief, questions whether the appellant was a prevailing party within the meaning of 42 U.S.C. § 1973l (e). He suggests that no attorney's fee award was in order. Beca...
To continue reading
Request your trial-
Lanasa v. City of New Orleans, Civ. A. No. 83-3633.
...set forth by the Fifth Circuit in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974); Fain v. Caddo Parish Police Jury, 564 F.2d 707, 710 (5th Cir.1977); Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir.1977), cert. denied, 431 U.S. 904, 97 S.Ct. 1696, 52......
-
Wells v. Hutchinson
...Hampton, 446 U.S. 754, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1980); Knighton v. Watkins, 616 F.2d 795 (5th Cir. 1980); Fain v. Caddo Parish Police Jury, 564 F.2d 707 (5th Cir. 1977); Panior v. Iberville Parish School Board, 543 F.2d 1117 (5th Cir. 1976). Accordingly, he is entitled to an award of......
-
Tasby v. Wright
...the guidelines set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974); see also Fain v. Caddo Parish Police Jury, 564 F.2d 707, 710 (5th Cir.1977); Matter of First Colonial Corp. of America, 544 F.2d 1291, 1299 (5th Cir.), cert. denied, 431 U.S. 904, 97 S.Ct. 169......
-
Connor v. Winter, Civ. A. No. 3830(A).
...F.2d 1364, 1382 (5th Cir. 1981); Watkins v. Mobile Housing Bd., 632 F.2d 565, 567 (5th Cir. 1980). Accord Fain v. Caddo Parish Police Jury, 564 F.2d 707, 709 n.3 (5th Cir. 1977) (§ The test of whether a litigant is a prevailing party within the meaning of sections 1973l(e) and 1988 is a pra......