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

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<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 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>
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Only prevailing parties are able to collect attorneys' fees under this provision. The Supreme Court has concluded that a prevailing party must either receive a judgement, or a judicially approved settlement agreement. Plaintiffs who succeed in achieving victory through other means, such as legislative change, are not prevailing parties under this statute. <ref> Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598 (2001)</ref>
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Fees are generally 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==
  
 
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Revision as of 20:33, 10 August 2010