From Casetext: Smarter Legal Research

Jones v. Lockhart

United States Court of Appeals, Eighth Circuit
Jul 11, 1994
29 F.3d 422 (8th Cir. 1994)

Summary

holding that, although nominal award for plaintiff was not pyrrhic or technical victory, the limited amount of plaintiff's success meant that the district court abused its discretion in reducing requested attorney's fees from $31,540 to $25,000 and ordering that fees be further reduced to $10,000

Summary of this case from Flowers v. Thunder

Opinion

No. 93-3859.

Submitted May 10, 1994.

Decided July 11, 1994.

David Eberhard, Little Rock, AR, argued, for appellant.

Robert Ross, Little Rock, AR, argued, for appellee.

Appeal from the United States District Court for the Eastern District of Arkansas.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.


Floyd McHan appeals the district court's award of attorney's fees of $25,000 in this prisoner civil rights action. We affirm the district court's award of fees, but remand to the district court to reduce the award to $10,000.

Larry Jones filed this action against A.L. Lockhart, the Director of the Arkansas Department of Correction, Willis Sargent, the Warden of Cummins Unit, David Hoffman, the Assistant Warden of Cummins Unit, and Floyd A. McHan, the Field Major. He alleged deliberate indifference to his serious medical needs, excessive force, and failure to supervise. The district court appointed counsel and the action was tried to a jury.

At the close of the evidence, the district court sustained defendant Lockhart's motion for judgment as a matter of law. The jury awarded Jones $1.00 in compensatory damages and $1.00 in punitive damages on the claim of excessive force against McHan. Defendants prevailed on all other claims.

Jones moved for attorney's fees in the amount of $31,540. The district court awarded $25,000 in fees. Although acknowledging that Jones had not been completely successful, the district court found that Jones had "alleged, inter alia, that defendant McHan physically abused him and deprived the plaintiff of important medical attention in such measure as to constitute `cruel and unusual punishment' under the Eighth Amendment to the United States Constitution." Jones v. Sargent, No. PB-C-91-055, Order at 4 (E.D.Ark. Oct. 21, 1993). The district court further stated: "The jury found ample evidence to support that allegation and the Court agrees with its determination." Id.

McHan concedes that Jones is a prevailing party and is entitled to fees under 42 U.S.C. § 1988. However, McHan urges us to reduce the amount of fees under the doctrine announced in Farrar v. Hobby, ___ U.S. ___, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). In Farrar, the Supreme Court disallowed fees in the amount of $280,000 as unreasonable where the plaintiff won only $1.00 in nominal damages. Id. at ___, 113 S.Ct. at 575.

We find that this case is distinguishable from Farrar. The Farrar holding does not prohibit a fee award in this case. See, e.g., Casey v. City of Cabool, 12 F.3d 799 (8th Cir. 1993); Loggins v. Delo, 999 F.2d 364 (8th Cir. 1993) (awarding attorney's fees in post- Farrar civil rights cases).

In her concurring opinion in Farrar, Justice O'Connor weighed three factors to determine whether the plaintiff had won a mere technical victory in a civil rights case: 1) the difference between the amount recovered and the damages sought; 2) the significance of the legal issue on which the plaintiff prevailed; and 3) any public goal or purpose the litigation might have served. Farrar, ___ U.S. at ___-___, 113 S.Ct. at 578-79 (O'Connor, J., concurring). Applying those indicia of success to the present case, we find that Jones is entitled to attorney's fees. First, although there is a discrepancy between the amount of damages sought and the amount recovered ($860,000 sought, $2 recovered), it pales in comparison to the discrepancy presented in Farrar ($17,000,000 sought, $1 recovered). Id. at ___, 113 S.Ct. at 571. Second, we find that vindication of the constitutional right to be free from cruel and unusual punishment is a significant legal issue in contrast to the injury to a business interest alleged in Farrar. See id. at ___, 113 S.Ct. at 570. Third, civil rights litigation serves an important public purpose; "[a] plaintiff bringing a civil rights action `does so not for himself alone but also as a "private attorney general," vindicating a policy that Congress considered of the highest priority.'" Casey, 12 F.3d at 805 (quoting Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)).

Additional factors distinguish Jones from the plaintiff in Farrar. Counsel here handled the litigation efficiently and the award does not produce any "windfall" to counsel. Most importantly, Jones was awarded punitive damages. We therefore determine that Jones's victory, though minimally compensated, was not pyrrhic or technical.

We next turn to the amount of the award. The district court's determination with respect to fees is reversible only if the court abused its discretion. Casey, 12 F.3d at 804. With that standard in mind, we find that the district court abused its discretion in awarding the sum of $25,000. In awarding that amount, the district court relied on the fact that Jones had succeeded on his claim for deliberate indifference to serious medical needs. To the contrary, Jones did not prevail on that claim, but prevailed only on the excessive force claim. The jury found against Jones on all claims of deliberate indifference to serious medical needs. Under the circumstances, the district court abused its discretion by considering Jones's success on that issue as a factor in its fee award. Considering that counsel was appointed by the court and ably performed his duties, and that Jones prevailed on one issue, not two, we find that $10,000 is an appropriate award.

Accordingly, we remand to the district court for entry of judgment for attorney's fees in the amount of $10,000.


Summaries of

Jones v. Lockhart

United States Court of Appeals, Eighth Circuit
Jul 11, 1994
29 F.3d 422 (8th Cir. 1994)

holding that, although nominal award for plaintiff was not pyrrhic or technical victory, the limited amount of plaintiff's success meant that the district court abused its discretion in reducing requested attorney's fees from $31,540 to $25,000 and ordering that fees be further reduced to $10,000

Summary of this case from Flowers v. Thunder

finding that the right to be free from cruel and unusual punishment is a significant legal issue, that civil rights litigation advances an important public purpose, and that the discrepancy between damages sought and received was not as drastic as that in Farrar

Summary of this case from Gray v. Bostic

determining the availability of attorney fees after a nominal-damages award by examining the significance of the legal issue on which the plaintiff prevailed and the public goal or purpose the litigation served

Summary of this case from Parada v. Anoka Cnty.

upholding the district court under Farrar and awarding $10,000 in attorneys' fees to a prisoner litigant who received a judgment of $2

Summary of this case from Wilkins v. Gaddy

affirming the district court's award of fees, but remanding to reduce the amount

Summary of this case from Piper v. Oliver

applying the three O'Connor Farrar factors

Summary of this case from Utah Animal Rights v. Salt Lake City Corp.

applying the three O'Connor factors to the case

Summary of this case from Barber v. T.D. Williamson, Inc.

noting that "vindication of the constitutional right to be free from cruel and unusual punishment is a significant legal issue in contrast to the injury to a business interest alleged in Farrar"

Summary of this case from Barber v. T.D. Williamson, Inc.

noting that in general "civil rights litigation serves an important public purpose" because " plaintiff bringing a civil rights action does so not for himself alone but also as a private attorney general, vindicating a policy that Congress considered of the highest priority"

Summary of this case from Barber v. T.D. Williamson, Inc.

In Jones, a prisoner's civil rights case, we allowed a fee award where the plaintiff recovered $1 as compensatory damages and $1 as punitive damages on an Eighth Amendment cruel and unusual punishment claim.

Summary of this case from Milton v. Des Moines

In Jones, the Eight Circuit, finding that this factor weighed in favor of granting of attorneys' fees, stated that, “although there is a discrepancy between the amount of damages sought and the amount recovered ($860,000 sought, $2 recovered), it pales in comparison to the discrepancy presented in Farrar ($17,000,000 sought, $1 recovered).” Id.

Summary of this case from Gifford v. Horry Cnty. Police Dep't

awarding $10,000 in attorney's fees in a civil rights case after finding a ratio of $860,000 sought and $2 recovered to be far less extreme than Farrar

Summary of this case from Pickens v. Se. Pa. Transp. Auth.

awarding fees to a § 1983 plaintiff who sought $860,000 but received $2

Summary of this case from Kennedy v. Heritage of Edina, Inc.

reducing $25,000 fee award to $10,000 where plaintiff succeeded on one of three claims and received nominal damages

Summary of this case from Kennedy v. Heritage of Edina, Inc.

applying Justice O'Connor's concurrence in Farrar to issue of fees

Summary of this case from Hemmah v. City of Red Wing

awarding attorney's fees to a plaintiff awarded only $1 where the issue was significant and litigation served important public purpose because plaintiff acted as "private attorney general"

Summary of this case from Hare v. Potter

stating that a discrepancy between $860,000 requested and $2.00 recovered paled in comparison to the discrepancy in Farrar

Summary of this case from Ollis v. Hearthstone Homes, Inc.

noting that, in general, "civil rights litigation serves an important public purpose" because " plaintiff bringing a civil rights action does so not for himself alone but also as a private attorney general, vindicating a policy that Congress considered of the highest priority"

Summary of this case from Mercer v. Duke University

In Jones v. Lockhart, 29 F.3d 422 (8th Cir. 1994), the plaintiff brought a § 1983 action against prison officials for excessive force and sought $860,000 in damages.

Summary of this case from BUSS v. QUIGG

In Jones, a § 1983 case, the plaintiff was awarded $1.00 in compensatory damages and $1.00 in punitive damages on an excessive force claim.

Summary of this case from Stevens v. Gravette Medical Center Hosp.

applying O'Connor factors in Farrar to prisoner civil rights case where Plaintiff alleged three Eighth Amendment claims and recovered $2.00 on one of the claims, with defendants prevailing on all other claims; court found Plaintiff's victory "though minimally compensated, was not pyrrhic or technical."

Summary of this case from Klinger v. Nebraska Dept. of Corr. Serv.

In Jones v. Lockhart, 29 F.3d 422 (8th Cir. 1994), a similar prisoner case involving a violation of the Eighth Amendment, the Eighth Circuit granted an award of attorney's fees in spite of a nominal damage award.

Summary of this case from Lucas v. Guyton

In Jones v. Lockhart, 29 F.3d 422 (8th Cir. 1994), the plaintiff was a state prisoner who brought a § 1983 action against prison officials and prevailed on his claim of excessive force.

Summary of this case from Ermine v. City of Spokane

In Jones, the Eighth Circuit reasoned that the "vindication of the constitutional right to be free from cruel and unusual punishment is a significant legal issue in contrast to the injury to a business interest alleged in Farrar."

Summary of this case from Ermine v. City of Spokane

awarding $10,000.00 attorney's fees based on a recovery of $1.00 compensatory and $1.00 punitive damages

Summary of this case from Brewer v. Trimble
Case details for

Jones v. Lockhart

Case Details

Full title:LARRY JONES, APPELLEE, v. A.L. LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 11, 1994

Citations

29 F.3d 422 (8th Cir. 1994)

Citing Cases

Piper v. Oliver

We have followed Justice O'Connor's reasoning in granting district courts discretion to evaluate each nominal…

Mclindon v. Russell

Farrar, 506 U.S. at 122, 113 S.Ct. 566 (O'Connor, J., concurring). Lower courts have followed this three step…