(DOWNLOAD) "Johnson v. Rodriguez" by Fifth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Johnson v. Rodriguez
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 10, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The chairmen and members of the Texas Board of Pardons and Paroles and of the Texas Board of Criminal Justice, in their official capacities, appeal from the judgment below awarding attorneys fees to plaintiffs counsel in this class action by Texas prisoners. Following our reversal on the merits of the prisoners constitutional claims, see Johnson v. Rodriguez, 110 F.3d 299 (5th Cir. 1997), the magistrate judge ordered the defendants to pay $331,541.50 in attorneys fees and expenses, finding that the prisoners were a prevailing party pursuant to the "catalyst theory" of legal relief. The Supreme Court has since rejected reliance on the "catalyst theory" as a basis for awarding attorneys fees under fee-shifting statutes authorizing awards to the "prevailing party." See Buckhannon Bd. & Care Home, Inc. v. W. Va. Dept. of Health & Human Res., -- U.S. --, 121 S.Ct. 1835 (2001). Accordingly, we reverse the magistrate judges determination that the prisoner class is a "prevailing party" under 28 U.S.C. ร§ 1988. Finding no other basis on which attorneys fees might be awarded, we vacate the magistrate judges order.
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