Navarro-Ayala v. Governor of Puerto RicoNavarro-Ayala v. Governor of Puerto Rico
OPINION AND ORDER
In 1974, Roberto Navarro-Ayala (“Navarro”), representad by his mother, filed this civil rights suit pursuant to 42 U.S.C. § 1983 on behalf of himself and'other patients of the Rio Piedras Psychiatric .Hospital (“RPPH”) claiming that the conditions and care provided by RPPH were insufficient in violation of the patients’ rights pursuant to the United States Com stitution. (Docket Nos. 0 at pp. 2-3; 594 at p. 3.) Defendants are the governor of Puerto Rico, the secretary and assistant secretary of the Puerto Rico Deрartment of Health, the director of RPPH, and their successors (collectively “the Commonwealth”). (Docket No. 0 at p. 2.)
On June 8, 2015, the Court appointed attorney Judith Berkan to represent the San Patricio Community Support Group (in Spanish, Grupo de Apoyo Comunitario San Patricio) (“Grupo”),
Procedural History
Navarro filed suit on November 25, 1974. (Docket No, 0 at p. 2.) Between 1974-1977, the Court held several hearings which resulted in the Court accepting the parties’ joint stipulation on June 3, 1977. See Docket No. 0 at pp. 3-5. Thе Court monitored and ensured the Commonwealth’s compliance with the joint stipulation through reports from Court-appointed Monitor, Professor David Helfeld, and additional Court orders, with special attention paid to the deinstitutionalization of RPPH. See Docket 0 at pp. 9-35. In the early 1990s, several appeals were taken to the First Circuit Court of Appeals. See, e.g., Navarro-Ayala v. Hernandez-Colon,
In 1996, the Court ordered acceptance of the “Plan for aSystem [sic] of Mental and Health Treatment/Rehabilitation Services” (“the 1996 Rehabilitation Plan”). (Docket No. 0 at p. 33.) In 1997, following discussions regarding, the 1977 consent decree, the Court noted that the Commonwealth had made significant improvement in patient care at RPPH in compliance with the
In March 2000, the Court approved a joint stipulation and ordered that all money RPPH received from Medicare was to be used for operating the facility. (Docket No. 476.) In August 2000, the Court approved a second joint stipulation dismissing the case under specified conditions, including continued accreditation and a yearly budget of at least $18,929,000 for patient care at RPPH. (Docket Nos. 494; 604 at p. 2.) In 2002, the Court approved another joint stipulation, which dismissed the case but kept in place the Court’s March 2000 and August 2000 orders. (Docket No. 503.)
In 2003, the Court opened an investigation and reappointed Professor Helfeld as the Monitor in response to a letter from employees of San Patricio Mental Health Center (“SPMHC”) alleging deficiencies in patient care at that facility, with special emphasis on RPPH’s budget and SPMHC’s continued existence as a public institution. (Docket No. 508 at pp. 1-2.) Following five reports by the monitor, the Court concluded its investigation finding the Commonwealth in “substantial compliance with the consent decree and the January 28, 2002 order.” (Docket No. 604 at pp. 3-4.) The Court noted that the budget allowance and usage at RPPH would exceed the required $18,929,000 and that outpatient services at SPMHC would not be closed or privatized.
Again in 2013, the Court received a letter from mental health staff members alleging violations by the Commonwealth, specifically understaffing, an insufficient budget, and a possible loss of accreditation. (Doсket No. 606 at pp. 1-2.) On September 26, 2014, Grupo moved to reopen the case, complaining of understaffing and threats of closing SPMHC. (Docket No. 608.) In response, the Court has reopened the case, (Docket No. 631), appointed Daniel E. Wathen as the monitor, (Docket No. 657), and held several hearings regarding the alleged violations, (Docket Nos. 622; 647; 656). Additionally, the Court appointed attorney Judith Berkan (“Berkan”), a civil rights attorney with forty years of experience, (Docket No. 668 at p. 2), to represent plaintiff Grupo, (Docket No. 630), and ordered the Commonwealth to pay her attorney’s fees, (Docket No. 673). The Commonwealth did not oppose Gru-po’s original motion for payment of attorney’s fees, (Docket No. 668), but now seeks reconsideration of the Court’s order for payment, (Docket No. 678).
Legal Standard for Motions for Reconsideration
“The Federal Rules of Civil Procedure do not specifically provide for the filing оf motions for reconsideration.” Sanchez-Perez v. Sanchez-Gonzalez,
A district court will alter its original order only if lOit “evidenced a manifest error of law, if there is newly disсovered evidence, or in certain other narrow situations.” Biltcliffe v. CitiMortgage, Inc.,
Discussion
The “American Rule” for attorney’s fees prescribes that each party will bear its own attorney’s fees “unless there is express statutory authority to the сontrary.” De Jesus Nazario v. Morris Rodriguez,
I. Prevailing Party
A plaintiff prevails “when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Lefemine v. Wideman, — U.S. ——,
A prevailing party must show “both a material alteration of the legal relationship of the parties and there must be judicial imprimatur on the change.” Smith v. Fitchburg Pub. Sch„
A. Origin of Plaintiffs’ Prevailing Party Status
Plaintiffs qualify for payment of interim attorney’s fees pursuant to 42 U.S.C. § 1988 for work completed by attorney Berkan because plaintiffs qualify as a prevailing party in this litigation. Plaintiffs’ prevailing party status was first established by the Court’s 1977 consent decree. See Buckhannon,
The order enforcing the 1996 Rehabilitation Plan supports plaintiffs’ status as prevailing parties because it meets the three Hutchinson requirements—(1) it reiterates the change in the parties’ legal relationship that was created by the 1977 consent decree; (2) it approves relief based on the merits by ordering dеfendants to take specific actions to improve treatment and conditions at RPPH; and (3) the Court continued to monitor defendants’ actions after the order. See Hutchinson,
B. Grupo’s Prevailing Party Status
Plaintiffs’ prevailing party status extends to Grupo because Grupo is a part of the plaintiff class. The plaintiff class consists of “all persons who were patients when suit was brought and all persons who may in thе future receive treatment or habilitation at [RPPH].” Navarro-Ayala,
C. Defendants’ Challenge to Plaintiffs’ Prevailing Party Status
Defendants argue that the Court reopened this ease for the limited purpose of investigating whether defendants had violated the parties’ stipulations or the Court’s subsequent orders, and that because no ruling has been made by the Court on this “tangential] issue” of stipulation violation, Grupo does not qualify as a prevailing party. (Docket No. 678 at рp. 4-5.) Essentially, defendants argue that plaintiffs’ prevailing party status does not carry over to the current dispute because the current dispute is unrelated to the previous proceedings.
Defendants’ attempt, to segregate the Court’s current investigation from the overall litigation of this case is unavailing. As one court has stated, the “language [of § 1988 and related cases] strongly indicates that whether a party ‘prevailed’ as that term is used in § 1988 is determined by examination of the entire case and not at various stages of the litigation.” Dougherty v. Barry,
In a similar institutional reform case, the Seventh Circuit Court of Appeals
[T]he post-decree proceedings and related work for which fees are presently sought are not “clearly separable” from the original judgment order_[Tjhis case involves post-judgment work аnd proceedings that are all part of one active equitable case, in which compliance has always been at issue, and modifications and clarifications of the original judgment order must continuously be made to account for changing conditions and circumstances.
Id. at 653 (second alteration in original). The Seventh Circuit Court of Appeals affirmed the district court’s order awarding attorney’s fees to plaintiffs. Id. at 651, 662.
Here, as in Gautrеaux, “this case involves post-judgment work and proceedings that are all part of one active equitable case, in which compliance has always been at issue.” See id. at 653. The Court’s 1996 Rehabilitation plan and 2000, 2002, and 2005 orders all sought to elicit compliance with provisions of the original 1977 consent decree, making some modifications in the methods of achieving the consent decree’s goals to account for ongoing advаnces in mental health treatment. While the Court in Gautreaux considered the fee award for the fifth waiver as a separate proceeding due to numerous modifications of the original decree which each waived some of the plaintiffs’ protection pursuant to the original consent decree, Gautreaux,
II. Reasonable Compensation
Defendants also argue that the Court failed to analyze the reasonableness of attorney Berkan’s fees. (Docket No. 678 at p. 6.) The First Circuit Court of Appeals has established the lodestar method of calculating fees as its method of choice. Matalon v. Hynnes,
Additionally, the Court finds the rate of $250 per hour to be comparable to rates paid to other experienced civil rights attorneys practicing in the San Juan metropolitan area. See Gonzalez-Nieves v. Mun, of Aguadilla, Civil No. 3:13-cv-01132 (JAF),
III. Exceptional Considerations
Finally, defendants argue that the Court failed to consider any relevant “exceptional consideration” that may increase or reduce the fee award. (Docket No. 678 at p. 6.) After calculating the lodestar, “[t]he court may ... adjust the potential award based on factors not captured in the lodestar calculation.” Matalon,
Here, defendants fail to assert аny special consideration that the Court may have overlooked. Because attorney Berkan did not charge for work on unrelated or failed claims and because she is not over-staffing this case. Accordingly, the Court finds no exceptional circumstances at this time and declines to increase or decrease the amount of her fees as calculated using the lodestar method. Whether she performs at a “stellar” level will be determined as the case proceeds.
Conclusion
Plaintiffs became prevailing parties in 1977 when the Court issued a consent de: cree approving the parties’ joint stipulation to improve conditions at the PRRH. Plaintiffs retain their prevailing party status despite the 2002 dismissal of the case and 2003-2005 investigation. Grupo enjoys prevailing party status as part of the plaintiff class. Furthermore, the amount awarded
IT IS SO ORDERED.
Notes
. The Court originally indicated that attorney Berkan was appointed to represent the San Patricio Community Mental Health Center (''SPMHC”), but later clarified the party name. (Docket No. 689.)
. San Patricio outpatient services are connected to the deinstitutionalization of RPPH. See Docket No. 604 at p. 3.
. There is some debate over whether fee awards are final or interlocutory. See Gau-treaux v. Chi. Hous. Auth.,
. Case law developing the term “prevailing party” is applicable regardless of the underlying statute creating the fee-shifting provision. Hutchinson ex rel. Julien v. Patrick,
. Lodestar = 76.35 hours x $250 hourly rate = $19,087.50.