Shepherd v. Goord
662 F.3d 603
2d Cir.2011Background
- Shepherd, a Rastafarian prisoner, sued NYDOCCO officials including Twedt and Post under 42 U.S.C. § 1983 for touching his dreadlocks during a search, which he claimed violated Free Exercise rights.
- The jury found for Shepherd on that claim but awarded only $1.00 in actual damages and no punitive damages.
- The district court applied 150% cap under PLRA § 1997e(d)(2) and reduced the fee request to $1.50, allocating $0.10 (10%) of the judgment toward fees.
- Shepherd sought substantial attorneys’ fees under § 1988(b); the district court capped fees at 150% of the monetary judgment and applied the 25%/excess mechanism.
- Shepherd appealed challenging the construction of § 1997e(d)(2); defendants did not cross-appeal.
- The Second Circuit affirmed, holding that § 1997e(d)(2) caps fees at 150% of the monetary judgment even when the judgment is $1.00.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1997e(d)(2) caps fees at 150% of the monetary judgment | Shepherd argues cap does not apply to nominal damages | Twedt/Post argue cap applies to any monetary judgment | Yes, cap applies to 150% of $1.00 judgment |
Key Cases Cited
- Torres v. Walker, 356 F.3d 238 (2d Cir.2004) (establishes the 150% cap interpretation for monetary judgments)
- Blissett v. Casey, 147 F.3d 218 (2d Cir.1998) (PLRA cap applies to prisoner fee awards)
- Boivin v. Black, 225 F.3d 36 (1st Cir.2000) (cap limits defendant's liability to 150% of monetary judgment)
- Parker v. Conway, 581 F.3d 198 (3d Cir.2009) (confirms 150% cap interpretation in monetary judgments)
- Robbins v. Chronister, 435 F.3d 1238 (10th Cir.2006) (en banc; discusses limits on fees under PLRA)