Sprenger v. Missouri Department of Public Safety, 340 S.W.3d 109

Sprenger, an employee of the Missouri Division of Alcohol and Tobacco Control, appealed his proposed termination to the Board appointed by the DPS Director.
The Board unanimously recommended reinstatement and Sprenger then sought attorney fees under § 536.085, which the Board awarded at the statutory rate of $75/hour.
Sprenger argued on remand that special factors justified a higher fee because the prevailing market rate exceeded $75, and evidence suggested higher rates in the mid-Missouri area.
The Board found no special factor, citing lack of limited availability of qualified attorneys for this type case and the Cole County Circuit Court’s prior determination that $75/hour was appropriate.
The Cole County Circuit Court and this court affirmed the Board’s award; Sprenger challenges the decision on appeal, contending special factors exist to exceed the statutory cap.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether special factors justify fees above $75/hour	Sprenger argues the market rate exceeds $75 and is a special factor.	Sprenger contends that limited availability or other factors justify higher fees; the Board found none.	No special factor; statutory cap affirmed.

Hutchings ex rel. Hutchings v. Roling, 193 S.W.3d 334 (Mo. App. E.D. 2006) (limited availability justified higher fees when specialized attendance exists)
Pierce v. Underwood, 487 U.S. 552 (1988) (special factor requires distinctive knowledge or skill beyond general practice)
Dishman v. Joseph, 14 S.W.3d 709 (Mo. App. W.D. 2000) (EAJA-like analysis of special factors in Missouri statute)
Sprenger v. Mo. Dep't of Pub. Safety, 248 S.W.3d 626 (Mo. App. W.D. 2008) (precedent on whether attorney fees may exceed statutory rate under §536.085)
Hudson v. State, 190 S.W.3d 434 (Mo. App. W.D. 2006) (caution against rewriting the statute to fit perceived equity)