Watkins v. Fordice

• Decision Date: 24 November 1993
• Docket Number: No. 92-7764,92-7764
• Citation: 7 F.3d 453
• Parties: Hollis WATKINS, et al., Plaintiffs-Appellants, Cross-Appellees, v. Kirk FORDICE, Governor of the State of Mississippi, et al., Defendants-Appellees, Cross-Appellants.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 453

7 F.3d 453

Hollis WATKINS, et al., Plaintiffs-Appellants, Cross-Appellees, v. Kirk FORDICE, Governor of the State of Mississippi, et al Defendants-Appellees, Cross-Appellants.

No. 92-7764.

United States Court of Appeals Fifth Circuit.

Nov. 24, 1993.

Rehearing Denied Dec. 22, 1993.

Carroll Rhodes, Hazlehurst, MS, Deborah A. McDonald, Natchez, MS, John L. Walker, Walker, Walker & Green, John Parker, Jackson, MS, for plaintiffs-appellants.

Giles W. Bryant, Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, MS, for defendants-appellees Governor and State of MS.

Hubbard T. Saunders, IV, Champ Terney, Bill Allain, Crosthwait, Terney, Noble & Allain, Jackson, MS, for defendants-appellees Standing Joint Legislative Com'n et al.

Appeals from the United States District Court for the Southern District of Mississippi.

Before REAVLEY, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

REAVLEY, Circuit Judge:

Black citizens of Mississippi (Appellants) complain on appeal that the three-judge district court erred in calculating the amount of attorneys' fees it awarded them under the Voting Rights Act of 1965, 42 U.S.C. § 1973 l(e), and the Civil Rights Attorneys' Fees Award Act of 1976, 42 U.S.C.A. § 1988 (West Supp.1993). Mississippi officials ¹ (the State) argue on cross-appeal that Appellants did not prevail in the underlying action and, thus, should not recover attorneys' fees. We vacate and remand. ²

I. BACKGROUND

Using 1990 census data, Mississippi in 1991 redistricted both houses of its legislature to replace its existing 1982 apportionment scheme. The legislature sought preclearance under § 5 of the Voting Rights Act, but on July 2, 1991, the United States Attorney General objected to the 1991 redistricting plans.

Meanwhile, on June 28, 1991, Appellants asked the three-judge district court to enjoin upcoming elections under either the existing scheme or the newly enacted 1991 plans, claiming that both diluted their votes. In August, the court denied Appellants' requested injunction because the primary elections were only a month away. As interim relief, the court ordered that the upcoming September and October primary elections proceed under the existing scheme, even though it was malapportioned. The court denied Appellants' subsequent motion for a stay pending appeal, and the Supreme Court affirmed. Appellants followed with a motion to enjoin the enforcement of the district court's order, arguing that it contained new procedures that were not precleared under § 5 of the Voting Rights Act. The court denied the injunction, and again, Appellants were rebuffed by the Supreme Court.

Then, during its 1992 regular session, Mississippi's legislature passed new redistricting plans, which the Attorney General precleared. These plans satisfied all of Appellants' demands; most significantly, they created the maximum number of electable black majority districts. ³ Because the 1992 scheme mooted Appellants' claims, the court ordered the parties to file necessary motions for the final disposition of the case.

Appellants requested dissolution of the three-judge court, remand of the case to a single-judge district court, and an award of attorneys' fees under 42 U.S.C. §§ 1973l(e), 1988. The court denied Appellants' request for dissolution and awarded them $198,688.23 in attorneys' fees and expenses, instead of the $866,938.39 requested.

On appeal, Appellants argue (1) the district court did not properly calculate the attorneys' fees, (2) the fee award should be enhanced, (3) the court should have held an evidentiary hearing on the issue of attorneys' fees, and (4) the court erred by not including post-judgment interest in the award of attorneys' fees. On cross-appeal, the State contends (1) Appellants are not prevailing parties, and (2) the court's award of attorneys' fees is excessive.

II. ANALYSIS

A. Prevailing Party

Only "prevailing parties" may recover attorneys' fees under 42 U.S.C. §§ 1973l(e), 1988. A plaintiff prevails if the relief obtained, through judgment or settlement, materially alters the defendants' behavior in a way directly benefitting the plaintiff. Farrar v. Hobby, --- U.S. ----, ----, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992). To attain prevailing party status, the plaintiff must show (1) the goals of the lawsuit were achieved, and (2) the suit caused the defendants to remedy the discrimination. Associated Builders & Contractors of La., Inc. v. Orleans Parish Sch. Bd., 919 F.2d 374, 378 (5th Cir.1990). The lawsuit must be a "substantial factor or a significant catalyst in motivating the defendants to end their unconstitutional behavior." Posada v. Lamb County, 716 F.2d 1066, 1072 (5th Cir.1983) (quoting Williams v. Leatherbury, 672 F.2d 549, 551 (5th Cir.1982)).

No one disputes that the 1992 redistricting scheme satisfied all Appellants' objectives. The parties only contest whether Appellants' lawsuit caused the legislature to enact the 1992 plans. The State contends that the Attorney General's July 1991 objection letters and Art. 13 § 254 of the Mississippi Constitution (requiring the legislature to redistrict) motivated the plans.

The district court characterized Appellants' prevailing-party status as a "close question." Watkins v. Fordice, 807 F.Supp. 406, 411 (S.D.Miss.1992). Mississippi's legislature began the reapportionment process, held a series of public hearings, and passed the 1991 redistricting plans months before Appellants filed suit. Further, the district court and the Supreme Court rebuffed Appellants at every turn. Yet Mississippi's 1992 redistricting plans (unlike the 1991 plans) created the maximum number of electable black majority districts, which is exactly what Appellants sought. The district court ultimately concluded that, despite their relative ineffectiveness before the court, Appellants were "prevailing parties" under 42 U.S.C. §§ 1973l(e), 1988. Id. ("[I]t is likely the case that plaintiffs, and this lawsuit, played a motivating role in shaping the particular apportionment plans which the legislature adopted.").

In Voting Rights Act cases, the chronology of events is particularly instructive on the role played by a plaintiff's lawsuit in ending the defendant's discriminatory activity. Id. In the spring of 1991, Mississippi's legislature enacted reapportionment plans, which everyone involved considered unacceptable. Appellants filed suit, the Attorney General issued objections letters, and the district court found the plans to be malapportioned. In an about-face, the legislature enacted a reapportionment scheme in the spring of 1992 that created the greatest number of electable black majority districts. The three-judge district court, intimately familiar with the facts of this case as well as the subtle forces at play during the evolution of the final reapportionment scheme, found Appellants' suit to be a motivating factor in the enactment of the 1992 plans. We conclude that the district court did not clearly err in its recognition of Appellants as prevailing parties.

B. Attorneys' fee calculation

Sections 1973l(e) and 1988 accord the district court discretion to award reasonable attorneys' fees to prevailing parties. To determine the award amount, the court must first calculate the "lodestar" by multiplying the number of hours reasonably spent on the litigation times a reasonable hourly billing rate. Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983). The court should consider the factors announced in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974) ⁴ when analyzing the reasonableness of the hours expended and the hourly rate requested. Once determined, the lodestar may be adjusted upward or downward if the Johnson factors, not included in the reasonable fee analysis, warrant the adjustment. Shipes v. Trinity Indus., 987 F.2d 311, 320 (5th Cir.1993). The lodestar, however, is presumptively reasonable and should be modified only in exceptional cases. City of Burlington v. Dague, --- U.S. ----, ----, 112 S.Ct. 2638, 2641, 120 L.Ed.2d 449 (1992).

On appeal, we review the court's award of attorneys' fees for abuse of discretion and the supporting factual findings for clear error. Von Clark v. Butler, 916 F.2d 255, 258 (5th Cir.1990). Due to the district court's superior knowledge of the facts and the desire to avoid appellate review of factual matters, the district court has broad discretion in setting the appropriate award of attorneys' fees. Hensley, 461 U.S. at 436-37, 103 S.Ct. at 1941.

1. Hours reasonably spent on litigation

The party seeking attorneys' fees must present adequately documented time records to the court. Using this time as a benchmark, the court should exclude all time that is excessive, duplicative, or inadequately documented. Hensley, 461 U.S. at 432-34, 103 S.Ct. at 1939; Von Clark, 916 F.2d at 259. The hours surviving this vetting process are those reasonably expended on the litigation.

Here, the court considered each time entry documented by Appellants. From the total billable hours, the court disallowed 274 hours spent on lobbying-related activities, 230 hours of travel time, 86.87 hours of pre-litigation time which the court considered excessive, 125.4 hours the court characterized as duplicative or excessive, and four hours spent on press conferences. Watkins, 807 F.Supp. at 412-14. We find no reversible error in the district court's analysis.

a. Lobbying Activity

Prior to filing suit, Appellants spent significant time lobbying the Mississippi Legislature and the Attorney General. Appellants contend they should be compensated for this time. We disagree.

Under §§ 1973l(e) and 1988, the district court may award attorneys' fees to a prevailing party in "any action or proceeding." Prevailing parties may recover only that time "reasonably expended on the litigation." Hensley, 461 U.S. at 433, 103 S.Ct. at 1939. While prevailing parties may be compensated for...