Difference between revisions of "42 U.S.C. § 1983"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 91: Line 91:
 
<blockquote> '''(c) Expert fees''' - In awarding an attorney's fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee.</Blockquote>
 
<blockquote> '''(c) Expert fees''' - In awarding an attorney's fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee.</Blockquote>
  
Fees are calculated by multiplying the number of hours worked by the reasonable rate for the attorney. This calculation is to be upheld regardless of whether the attorney fees are in proportion to the damages sufffered by the defendant.<ref>City of Riverside v. Rivera, 473 U.S. 1315 (1985)</ref>
+
Fees are calculated by multiplying the reasonable number of hours worked by the reasonable rate for the attorney. This calculation, called the '''Loadstar Method''' will be upheld regardless of whether the attorney fees are in proportion to the damages suffered by the defendant.<ref>City of Riverside v. Rivera, 473 U.S. 1315 (1985)</ref>
  
 
==Notes==
 
==Notes==
  
 
<references/>
 
<references/>

Revision as of 19:27, 10 August 2010