Turman v. Tuttle, 83-1169
| Decision Date | 28 June 1983 |
| Docket Number | No. 83-1169,83-1169 |
| Citation | 711 F.2d 148 |
| Parties | Harold Dean TURMAN, Plaintiff, Richard C. Wood, Plaintiff-Appellant, v. Harold TUTTLE, Buck Friend, Vivian Hawvery and Charles Marriott, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Richard C. Wood, pro se.
Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.
This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.
Richard Cedric Wood appeals a district court order denying him attorney's fees under 42 U.S.C. § 1988.
Mr. Wood, an inmate at the Fremont Correctional Facility, Canon City, Colorado, brought a 42 U.S.C. § 1983 action against prison employees seeking to redress alleged due process and equal protection violations. Mr. Wood presented his contentions during a hearing before a magistrate. After considering the evidence, the magistrate found that Mr. Wood's civil rights had been violated when photographic material ordered by Mr. Wood was returned to the sender by defendants Tuttle and Marriott, prison employees who worked in the mail room. (Defendants apparently considered the material to be obscene.) The magistrate recommended that Mr. Wood be awarded $0.65 actual and $25 punitive damages. The district court adopted the magistrate's findings and awarded Mr. Wood $25.65.
Mr. Wood thereafter moved, as the prevailing party in a § 1983 action, for an award of attorney's fees under 42 U.S.C. § 1988. The district court denied the motion because Mr. Wood was not an attorney. This appeal followed.
The majority of the circuits which have considered awards of attorney's fees under § 1988 to pro se movants have denied the awards. Owen v. Lash, 682 F.2d 648 (7th Cir.1982); Pitts v. Vaughn, 679 F.2d 311 (3d Cir.1982); Cofield v. City of Atlanta, 648 F.2d 986 (5th Cir.1981); Lovell v. Snow, 637 F.2d 170 (1st Cir.1981); Davis v. Parratt, 608 F.2d 717 (8th Cir.1979). This finding seems to comport with the policy underlying § 1988, which appears to have been implemented not to compensate pro se litigants but to enable litigants with valid claims to present their claims without having to bear the burden of the costs. 1976 U.S.Code Cong. & Ad.News 5908-5914.
Pursuant to the purpose of § 1988, then, Mr. Wood is not entitled to receive attorney's fees even though ...
To continue reading
Request your trial
-
Lanasa v. City of New Orleans, Civ. A. No. 83-3633.
...674 F.2d 521 (6th Cir.1982); Owen v. Lash, 682 F.2d 648 (7th Cir.1982); Davis v. Parratt, 608 F.2d 717 (8th Cir.1979); Turman v. Tuttle, 711 F.2d 148 (10th Cir.1983). Likewise, the legislative history supports this conclusion. As the Fifth Circuit has urged in Cofield at The Civil Rights Fe......
-
Carbajal v. Serra
...Tenth Circuit has found that pro se litigants may not recover an award of attorney's fees pursuant to this statute. Turman v. Tuttle, 711 F.2d 148, 149 (10th Cir. 1983). "This finding seems to comport with the policy underlying §1983, which appears to have been implemented not to compensate......
-
Lynn v. Willnauer
...that a party who proceeds pro se in an action under 42 U.S.C. § 1983 may not recover attorneys' fees); see also Turman v. Tuttle, 711 F.2d 148, 149 (10th Cir. 1983) (pro se prisoner prevailing in § 1983 action was not entitled to attorney fees).IV. Amendment The Court declines to grant Plai......
-
J & J Anderson, Inc. v. Town of Erie
...1988 was to enable litigants with valid claims to present their claims without having to bear the burden of the costs, Turman v. Tuttle, 711 F.2d 148 (10th Cir.1983); the district court's discretion in denying attorney's fees to prevailing parties is quite narrow, Chicano Police Officers As......
-
Attorneys Fees in Civil Rights Cases
...58. Id. 59. Brandau v. State of Kansas, 168 F.3d 1179 (10th Cir. 1999). 60. Id. at 1182. 61. Id. 62. Id. at 1182-83. 63. Turman v. Tuttle, 711 F.2d 148, 149 (10th Cir. 1983). 64. Kay v. Ehrler, 499 U.S. 432, 437 (1991). 65. Id. at 436. 66. Id. at 437. 67. Id. 68. Id. at 438. 69. The PLRA "w......