Vaughns by Vaughns v. Board of Educ. of Prince George's County

• Decision Date: 22 August 1985
• Docket Number: No. 85-1097,85-1097
• Citation: 770 F.2d 1244
• Parties: 38 Empl. Prac. Dec. P 35,727, 27 Ed. Law Rep. 25 Sylvester J. VAUGHNS, Jr., by his father and next friend, Sylvester J. VAUGHNS; Toika E. Wheatfall, by her father and next friend, Walter E. Wheatfall; James R.L. Brooks, Jr., by his father and next friend, James R.L. Brooks; Reginald Wiggs, by his father and next friend, Hosea D. Wiggs; Reginald A. Jackson, Jr., by his father and next friend, Reginald A. Jackson; Denise A. Ligon, by her father and next friend, Dennis J. Ligon, Jr.; Carolyn Gilmore, by her father and next friend, Sterling K. Gilmore; John A. Williams, by his father and next friend, John J. Williams, individually and on behalf of all other persons similarly situated; Jesse Alexander Eller; Martha Street Eller; Brendan Edward Lynch; Marjorie Elaine Lynch; Kenneth Phillip Whittemore; Bette Ann Whittemore; Arthur Emanuel Dinerman; Janet Avin Dinerman; Morris Edward Sampson; Thelma Olinda Sampson; William Raymond Leer; Margaret Street Leer; Leo Paul Chabot; Wanda Maxine Chabot; John Eugene Spaulding; Bernadine Lane Spaulding; National Association for the Advancement of Colored People, Prince George's County Chapter, an Unincorporated Association; Mr. and Mrs. Thomas Newman; Robert and Delores J. Williams; Mr. and Mrs. Glenn J. Sterling; and John and Florence Rosser, Appellees, v. BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY; A. James Golato, President of the Board of Education of Prince George's County; and Chester E. Whiting; Joanne T. Goldsmith; Dr. Rodney W. Johnson; Sue V. Mills; Dr. J. Righton Robertson; Jesse J. Warr, Jr.; Phyllis E. Williams; Ruth S. Wolf; Members of the Board of Education of Prince George's County and Dr. Carl W. Hassel, Superintendent of Schools of Prince George's County; Thomas John Grenchik; Josephine Snarich Grenchik; Thomas Joseph Grenchik; Martin James Grenchik; Robert Donkis; Shirley Grace Donkis; Robert Donkis, II; Michael Robin Donkis; Raymond Walter Jenkins, Sr.; Geneva Stone Jenkins; Raymond Walter Jenkins, Jr.; Lorelie
• Court: U.S. Court of Appeals — Fourth Circuit

Page 1244

770 F.2d 1244

38 Empl. Prac. Dec. P 35,727, 27 Ed. Law Rep. 25

Sylvester J. VAUGHNS, Jr., by his father and next friend Sylvester J. VAUGHNS; Toika E. Wheatfall, by her father and next friend, Walter E. Wheatfall; James R.L. Brooks, Jr. by his father and next friend, James R.L. Brooks; Reginald Wiggs, by his father and next friend, Hosea D. Wiggs Reginald A. Jackson, Jr., by his father and next friend Reginald A. Jackson; Denise A. Ligon, by her father and next friend, Dennis J. Ligon, Jr.; Carolyn Gilmore, by her father and next friend, Sterling K. Gilmore; John A. Williams, by his father and next friend, John J. Williams, individually and on behalf of all other persons similarly situated; Jesse Alexander Eller; Martha Street Eller; Brendan Edward Lynch; Marjorie Elaine Lynch; Kenneth Phillip Whittemore; Bette Ann Whittemore; Arthur Emanuel Dinerman; Janet Avin Dinerman; Morris Edward Sampson; Thelma Olinda Sampson; William Raymond Leer; Margaret Street Leer; Leo Paul Chabot; Wanda Maxine Chabot; John Eugene Spaulding; Bernadine Lane Spaulding; National Association for the Advancement of Colored People, Prince George's County Chapter, an Unincorporated Association; Mr. and Mrs. Thomas Newman; Robert and Delores J. Williams; Mr. and Mrs. Glenn J. Sterling; and John and Florence Rosser, Appellees, v. BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY; A. James Golato, President of the Board of Education of Prince George's County; and Chester E. Whiting; Joanne T. Goldsmith; Dr. Rodney W. Johnson; Sue V. Mills; Dr. J. Righton Robertson; Jesse J. Warr, Jr.; Phyllis E. Williams; Ruth S. Wolf; Members of the Board of Education of Prince George's County and Dr. Carl W. Hassel, Superintendent of Schools of Prince George's County; Thomas John Grenchik; Josephine Snarich Grenchik; Thomas Joseph Grenchik; Martin James Grenchik; Robert Donkis; Shirley Grace Donkis; Robert Donkis, II; Michael Robin Donkis; Raymond Walter Jenkins, Sr.; Geneva Stone Jenkins; Raymond Walter Jenkins, Jr.; Lorelie Lee Crabill; Heidi Crechen Crabill; Gwendalyn Cravens Pierce; and Roderick Cravens Pierce; The Honorable Marvin Mandel, Governor of the State of Maryland; The Honorable Francis B. Burch, Attorney General, State of Maryland; Arthur A. Marshall, Jr., State's Attorney, Prince George's County; State Department of Education, State of Maryland; J. Jerome Frampton, Jr., School Board President, State Department of Education and James A. Sensenbaugh, Superintendent of Schools, State Department of Education; Prince George's County, Maryland; Maryland State Board of Education and State of Maryland; Jo Ann T. Bell, Chairman, and Edward J. Feeney, Superintendent, Board of Education of Prince George's County, Appellants.

No. 85-1097.

United States Court of Appeals, Fourth Circuit.

Submitted June 6, 1985.

Decided Aug. 22, 1985.

(Paul M. Nussbaum, Andrew W. Nussbaum, Reichelt, Nussbaum & Brown, Greenbelt, Md., George D. Solter, Gerson B. Mehlman, Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., on brief), for appellants.

(Michael Sussman, Asst. Gen. Counsel, Brooklyn, N.Y., William L. Robinson, New York City, Norman J. Chachkin, Joseph M. Hassett, William A. Bradford, Jr., John C. Keeney, Jr., Patricia A. Brannan, George H. Mernick, III, Hogan & Hartson, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The Board of Education of Prince George's County appeals from an award of $372,942.00 in attorney's fees and costs to counsel for plaintiffs. It complains that there has been an abuse of discretion by the district judge insofar as the fee included an enhancement amount to allow for the contingency nature of representation by counsel for the plaintiffs. Our review of the record satisfies us that there was no abuse of discretion.

The plaintiffs' original request covered 6,053.3 hours at hourly rates ranging from $70.00 to $175.00 an hour for the several lawyers, $40.00 to $60.00 per hour for law clerks, and $35.00 to $50.00 per hour for paralegals. The average per hour rate overall worked out to $104.20 per hour. Subsequently, however, the application for an award of fees was amended by the plaintiffs to reflect elimination of all time devoted solely to unsuccessful unrelated claims. The amended request incorporated an across-the-board...