Hastert v. State Bd. of Elections, 91 C 4028
| Decision Date | 17 January 1992 |
| Docket Number | No. 91 C 4028,91 C 4656,91 C 4643,91 C 4154,91 C 5472.,91 C 4028 |
| Citation | 794 F. Supp. 254 |
| Parties | Dennis J. HASTERT, Harris Fawell, John E. Porter, Philip M. Crane, Henry J. Hyde, and Robert H. Michel, Plaintiffs, v. STATE BOARD OF ELECTIONS, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, Wanda L. Rednour, and Hannelore Huisman, Defendants. Wilfredo NIEVES, Al Johnson, Linda D. Coronado, Bobby Rush, Jesus Garcia, Rev. Willie Barrow, Rafael Boria, Miguel Del Valle, Robert L. Lucas, Leon D. Finney, Jr., Rev. Clay Evans, Joseph Gardner, Luis V. Gutierrez, Regner Suarez, Joseph Berrios, Miguel A. Santiago, Neomi Hernandez, Plaintiffs, v. ILLINOIS STATE BOARD OF ELECTION COMMISSIONERS, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Hannelore Huisman, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, and Wanda L. Rednour, Defendants. Cardiss COLLINS, Charles Hayes, Rev. Wilbur N. Daniels, Rev. Claude S. Wyatt, Howard B. Brookins, Donald L. Williams, Percy Giles, and Ricky Hendon, Plaintiffs, v. STATE BOARD OF ELECTIONS, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, John P. Dailey, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, and Wanda Rednour, Defendants. Ann ROSEBROOK, Daryl Barklow, Amiel Cueto, Richard Mark, Jeanelle Norman, Carolyn Toney, Lee Babcock, Raymond Oliver, Barbara Poshard, William Mathews, Gerald Hawkins, and Eva Savala, Plaintiffs, v. STATE BOARD OF ELECTIONS, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, Wanda L. Rednour, and Hannelore Huisman, Defendants. The CHICAGO URBAN LEAGUE, Craig R. Collins, Mark Allen, and Nikolas C. Theodore, Plaintiffs, v. STATE BOARD OF ELECTIONS, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, John P. Dailey, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, and Wanda L. Rednour, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
Roger P. Flahaven, James R. Carroll, Asst. Attys. Gen., Chicago, Ill., for defendants Illinois State Bd. of Elections, et al.
Tyrone C. Fahner, Richard S. Williamson, Lori E. Lightfoot, George J. Tzanetopoulos, Mayer, Brown & Platt, Charles Frank Marino, David M. Marino, Chicago, Ill., for plaintiffs Hastert, et al. in No. 91 C 4028.
Linda Reyna Yanez, Arturo Jauregui, Mexican American Legal Defense and Educational Fund and Ruben Castillo, Kirkland & Ellis, Chicago, Ill., for Hispanic plaintiffs in Nieves, et al. in No. 91 C 4154.
Judson Miner, Jeff Cummings, Davis, Miner, Barnhill & Galland, Chicago, Ill., for African-American plaintiffs in Nieves, et al. in No. 91 C 4154.
James D. Montgomery, Jean Templeton, James D. Montgomery & Associates, Chicago, Ill., for plaintiffs Cardiss Collins, et al. in No. 91 C 4643.
Edward T. Joyce, Paul A. Castiglione, Joyce & Kubasiak, P.C., Chicago, Ill., for plaintiffs Rosebrook, et al. in No. 91 C 4656.
Mark S. Grotefeld, Mark Emil Leipold, Robins, Kaplan, Miller & Ceresi, Chicago, Ill., for plaintiffs Chicago Urban League, et al. in No. 91 C 5472.
Nathaniel R. Howse, Howse & Howse and Robert E. Pincham, Jr., Robert E. Pincham, Jr., Ltd., Chicago, Ill., for intervening plaintiff Gus Savage.
R. Eugene Pincham, Chicago, Ill., for intervening plaintiffs Harold Washington Party, et al.
Leonard Amari, Amari & Locallo, Chicago, Ill., for intervening plaintiff Frank Annunzio.
James D. Adducci, Michael C. Dorg, Michael F. Braun, Schuyler, Roche & Zwirner, Chicago, Ill., for intervening plaintiff Sidney R. Yates.
Margaret Daley, Richard A. Devine, Pope & John, Ltd., Chicago, Ill., for intervening plaintiff Michael Zalewski.
Joseph A. Cari, Jr., Coffield, Ungaretti, Harris & Slavin, Chicago, Ill., for intervening plaintiff Alvin L. Winkler.
Anton R. Valukis, Jeffrey D. Colman, Thomas D. O'Neill, Jenner & Block, Chicago, Ill., and Clyde L. Kuehn, Kuehn & Trentman, Belleville, Ill., for intervening plaintiffs Johnny Scott and Ben Howard.
Harvey M. Grossman, Roger Baldwin Foundation of A.C.L.U., Inc. and William T. Barker, Sonnenschein Nath & Rosenthal, Chicago, Ill., amicus curiae for A.C.L.U.
Before KANNE, Circuit Judge, NORGLE, District Judge, and CONLON, District Judge.
Various plaintiffs and intervenors in this consolidated action regarding the remapping of Illinois congressional districts following the 1990 census now move pursuant to Fed.R.Civ.P. 59(e) to modify judgment to permit the awarding of attorneys' fees and costs under 42 U.S.C. §§ 1973l(e) and 1988.
On November 7, 1991, final judgment was entered in these consolidated cases. Hastert v. State Board of Elections, 777 F.Supp. 634 (N.D.Ill.1991). Judgment was entered in favor of the Hastert, Nieves, Collins, Rosebrook, and Chicago Urban League plaintiffs to the extent those parties requested that the then-existing Illinois congressional district plan be declared null and void. Id. at 661. Although each of the parties named the Illinois State Board of Elections and its members as the sole defendants in the separately filed actions, the Board did not possess the authority to provide plaintiffs with the relief they sought. Additionally, the Board did not dispute plaintiffs' contentions that population changes represented in the 1990 census rendered unconstitutional the existing congressional district plan implemented by federal court order following the 1980 census. See In re Congressional Dist. Reapportionment Cases, No. 81 C 3915, slip op. (N.D.Ill. Nov. 23, 1981). However, because the Board of Elections remained bound to implement the terms of the federal court order that had created the outmoded congressional district plan, the Board remained a necessary party to the present actions. The Board thus served only as a nominal party and played no active role in the proceedings.
The adversarial circumstances requiring trial before this three-judge district court panel arose solely from competing redistricting plans submitted by the plaintiffs themselves. Thus, this court served as the arena for the principally legislative task of redrawing Illinois' congressional districts. Only two statewide redistricting plans, the so-called Hastert and Rosebrook plans, were placed in evidence before the court during the two-day trial held in early October 1991. The court ultimately ordered the adoption of the Hastert plan to govern Illinois congressional elections until Illinois congressional districts are otherwise reapportioned in accordance with law. Hastert, at 662. The court also directed that "all parties to these consolidated cases shall bear their own costs." November 6, 1991 Memorandum Opinion and Order at 66.
On November 20, 1991, the Hastert, Nieves and Chicago Urban League plaintiffs and Scott intervenors moved pursuant to Fed.R.Civ.P. 59(e) to modify the judgment and requested that the court award them fees and costs as prevailing parties under 42 U.S.C. §§ 1973l(e) and 1988. The Collins plaintiffs filed a similar motion on November 21, 1991. On November 27, 1991, the Harold Washington Party/Savage intervenors separately moved to become additional parties to the Hastert motion to modify judgment.
Various plaintiffs and intervenors move pursuant to Fed.R.Civ.P. 59(e) to amend the November 7, 1991 judgment of the court to permit the award of attorney's fees under 42 U.S.C. §§ 1973l(e) and 1988. Ordinarily, a request for fees is a collateral issue to the main cause of action. See White v. New Hampshire Dep't of Employment Security, 455 U.S. 445, 451, 102 S.Ct. 1162, 1166, 71 L.Ed.2d 325 (1982). However, this court's express order directing the parties to bear their own costs means that plaintiffs' requests for fees necessarily constitute a Rule 59(e) motion to alter or amend judgment. To be valid, a Rule 59(e) motion must be served "not later than 10 days after entry of the judgment." Fed.R.Civ.P. 59(e). The Harold Washington Party/Savage intervenors moved to join the present Rule 59(e) motions on the thirteenth working day, exclusive of weekends and holidays, after entry of judgment. Accordingly, the motion of the Harold Washington Party/Savage plaintiffs is denied as untimely. The court does have jurisdiction over the timely-filed Rule 59(e) motions of the remaining moving plaintiffs.
Under 42 U.S.C. § 1973l(e), a court "in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of costs" in "any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment." 42 U.S.C. § 1973l(e). Under 42 U.S.C. § 1988, which was patterned in part upon the fee provision contained in § 1973l(e), see Hanrahan v. Hampton, 446 U.S. 754, 758, n. 4, 100 S.Ct. 1987, 1989, n. 4, 64 L.Ed.2d 670 (1980), a court may permit a similar award to a "prevailing party" in a suit to enforce the provisions of 42 U.S.C. § 1983. 42 U.S.C. § 1988. In enacting both of these statutes, Congress directed that prevailing parties "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." S.Rep. 925, 94th Cong., 1st Sess. 40 (1975), reprinted in 1975 U.S.Code Cong. & Admin.News 774, 807 (citation omitted) (addressing § 1973l(e)) ("S.Rep. 925"); S.Rep. 1011, 94th Cong., 2d Sess. 4 (1976), reprinted in 1976 U.S.Code Cong. & Admin.News 5908, 5912 (citation omitted) addressing § 1988) ("S.Rep. 1101"). See also Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983) (citation omitted).1
The first question to be answered in considering plaintiffs' motions is whether the various movants are prevailing parties within the meaning of the fee statutes. "`Plaintiffs may be considered "prevailing parties" for attorney's fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.'" Hensley, 461 U.S. at 433, 103 S.Ct. at 1939, quotin...
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