Walker v. BainWalker v. Bain
- Reporters:
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- Before:
- Komives
OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEY FEES AND ALLOWING DEFENDANTS ADDITIONAL TIME TO FILE A SUPPLEMENTAL RESPONSE
Table of Contents
I.Introduction.i.595
II.Attorney Fees Under § 1988 & the PLRA Generally.596
A. Section 1988 Generally..596
B. The PLRA Attorney Fee Provisions.596
C. Application to Pending Cases Generally.598
III. Plaintiffs Vagueness Challenge.598
IV. Plaintiffs Equal Protection Challenge.599
A. Generally .599
B. Illegitimate Governmental Interests .600
C. Legitimate Governmental Interests.601
D. Rational Relationship Between Interests and Distinction..602
1. Deterring Frivolous Filings.602
2. Protecting the Public Fisc.603
E. Conclusion.605
V. Order .606
I. Introduction
Plaintiff William Walker, a state prisoner, commenced this action against defendants Thomas Bain and Janice Richter (also referred to as Janice Metzger), corrections officers, alleging that defendants retaliated against him for filing grievances and lawsuits. The case was tried to a jury before the undersigned pursuant to
On May 7, 1999, plaintiff filed this motion for attorney fees
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pursuant to
II. Attorney Fees Under
Before addressing the constitutionality of the PLRA fee cap provision, it is appropriate to discuss, in some detail, the attorney fee structure of
A.
Under the statute, a prevailing party is entitled to a “reasonable attorney’s fee.” In determining the reasonableness of a fee, a court generally applies the “lodestar” formula.
See Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air,
B. The PLRA Attorney Fee Provisions
Although the lodestar method provides the correct approach for determining a reasonable attorney fee under
*597 (1) In any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which attorney’s fees are authorized undersection 1988 of this title, such fees shall not be awarded, except to the extent that—
(A) the fee was directly and reasonably incurred in proving an actual violation of the plaintiffs rights protected by a statute pursuant to which a fee may be awarded undersection 1988 of this title; and
(B)(i) the amount of the fee is proportionately related to the court ordered relief for the violation; or
(ii) the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.
(2) Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney’s fees awarded against the defendant. If the award of attorney’s fees is not greater than 150 percent of the judgment, the excess shall be paid by the defendant.
(3) No award of attorney’s fees in an action described in paragraph (1) shall be based on an hourly rate greater than 150 percent of the hourly rate established under section 3006A of Title 18, for payment of court-appointed counsel.
Few courts have considered the substance of these provisions, addressing rather the preliminary question of whether these provisions apply to cases pending at the time the PLRA was enacted. Specifically, no court has examined the framework for analyzing fees requests. However, after harmonizing the general approach of
• First, the court should determine whether plaintiff is eligible for an award of attorney fees by determining whether he is a prevailing party under§ 1988 .
• Second, the court should calculate the lodestar method in the ordinary fashion. In making this calculation, however, the court must: (a) limit the hourly rate sought to the lesser of the prevailing market rate (normally applied under§ 1988 ) or the maximum provided in§ 1997e(d)(3) ; and (b) limit the hours sought to only those hours which were “directly and reasonably incurred in proving an actual violation- of the plaintiff’s rights” as required by§ 1997e(l)(A) :
• Third, the court should determine whether the amount of the fee determined from the first two steps is proportionate to the relief obtained under§ 1997e(d)(l)(B) .
• Fourth, if a monetary judgment was awarded the court must, in accordance with§ 1997e(d)(2) , apply some portion of the judgment, not greater than 25%, to satisfy the attorney fee award and limit the total award to 150% of the judgment.
Cf. Clark v. Phillips,
Plaintiff contends that the last step of the above analysis is not dictated by the statute. In his view:
Given Congress’ failure to indicate that “no award” of attorney fees should be paid by a defendant where the award of attorney fees is greater than 150 percent of the judgment, the more reasonable interpretation is that defendant shall pay the entire excess of any award of attorney fees, where the fee award is not greater than 150 percent of the judgment. The “excess” portion of§ 1997e(d)(2) simply does not apply to the facts of this case where an award of attorney fees is greater than 150 percent. If Congress intended the PLRA to apply to such a situation, it would have explicitly indicated it in the provision. Because the “excess” portion of§ 1997e(d)(2) .does not apply to this case, Defendants remain responsible for a *598 reasonable attorney fee, after 25 percent of the Judgment is applied to satisfy the attorney fee award.
Pl.’s Reply Br., at 3-4. Plaintiffs argument misses the mark. The provision clearly contains two limits on an attorney fee award: (1) a limit on the amount of the judgment which can be used to satisfy an attorney fee award; and (2) a limit on the amount of an award for which a defendant may be liable. Under the plain language of the statute a defendant is íiable for only the difference between the 150% limit and the amount of the judgment used to satisfy the fee award. It is true, as plaintiff suggests, that nothing in the provision caps the amount of the award which the Court can make. Thus, for example, a court could theoretically make an award of fees that is 1000% of the judgment. However, there are only two sources from which such an award can be paid: the judgment and the defendants. The amount that may be taken from each of these sources is limited, the first to 25% of the judgment and the latter to 150% of the judgment. Thus, while nothing in the statute would prevent a court from making an award of more than 150% of the judgment in theory, in practice such an award would be meaningless. Plaintiffs theory would render the 150% cap meaningless, and accordingly must be rejected.
C. Application to Pending Cases Generally
As discussed above, section 803 of the PLRA limits the amount of attorney fees which may be awarded a prevailing plaintiff in a § 1983 suit where the plaintiff is a prisoner. Although the Sixth Circuit had ruled that this provision does not apply to any services performed on cases filed prior to the effective date of the Act (April 26, 1996), regardless of the date the services were rendered,
see Hadix v. Johnson,
III. Plaintiffs Vagueness Challenge
Plaintiff argues in his reply that, to apply this provision in the manner suggested by defendants would be unconstitutional for two reasons: (1) the provision is unconstitutionally vague; and (2) it violates the Equal Protection Clause of the Fourteenth Amendment.
Plaintiffs vagueness argument is premised on his contention that the 150% cap contained in
As the Supreme Court has repeatedly explained, the purpose of the vagueness doctrine is to fairly apprise individuals of the criminal, and occasionally civil, consequences of their actions, so that they may conform their conduct to those standards.
See Grayned v. City of Rockford,
[t]he very business of courts is interpretation of statutes. Were the mere existence of uncertainty as to a law’s construction or application to mean the law was fatally vague, there would be very few laws left on the books. Where an ordinary civil statute can reasonably be interpreted and limited by judicial construction, it will withstand a vagueness challenge.
Exxon Corp.,
IV. Plaintiffs Equal Protection Challenge
A. Generally
Second, plaintiff argues that section 803 violates the Equal Protection Clause
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because it discriminates between prisoners and non-prisoners. Plaintiff argues that heightened scrutiny is appropriate “because it relates to an essential right—the right to counsel.” Pl.’s Reply Br., at 4, and that even if rational basis review is applied the provision fails. I conclude that heightened scrutiny is not appropriate. As the Supreme Court’s cases make clear, strict scrutiny is applicable only where the regulation being challenged “operates to the disadvantage of some suspect class or impinges upon a fundamental right explicitly or implicitly
*600
protected by the Constitution!.]”
San Antonio Independent School Dist. v. Rodriguez,
Nevertheless, I conclude that
B.' Illegitimate Governmental Interests
Before addressing the legitimate governmental interests which may underlie the distinction between prisoners and non-prisoners embodied in
Nor can such an interest be legitimatized by arguing that prisoners and nonprisoners are not similarly situated for equal protection purposes, at least as relates to the statute at issue here.
See City of Cleburne,
C. Legitimate Governmental Interests
As explained above, I must first identify the purposes underlying the distinction drawn by
There is no legislative history which specifically relates to the attorney fee provision. However, the legislative history of the PLRA in general makes it clear that the primary purpose of the Act was to discourage frivolous prisoner lawsuits. As the Sixth Circuit has explained, “[t]he leg
*602
islation was aimed at ■ the skyrocketing number of claims filed by prisoners — many of which are meritless — and the corresponding burdens those filings have placed on the federal courts.”
Hampton,
Having examined the text of the statute and the underlying legislative history. I can envision only one other purpose for the attorney fee limitation, namely, to protect the public fisc from large attorney fee awards in prisoner civil rights lawsuits. This, too, is a legitimate governmental purpose.
See Shapiro v. Thompson,
D. Rational Relationship Between Interests and Distinction
Having identified two interests conceivably underlying
1. Deterring Frivolous Filings
The first conceivable governmental interest underlying
The Supreme Court’s decision in
Lindsey v. Normet,
For similar reasons, the fee cap contained in
In short, looking to “the realities of the subject addressed by the legislation,”
Heller,
2. Protecting the Public Fisc
It may be that
The Supreme Court’s decision in
Rinal-di, supra,
is on point. In that case, the Court considered the constitutionality of a New Jersey statute which required criminal defendants sentenced to a prison term to reimburse the county for the cost of any transcript provided for use in their appeals. The statute did not apply, however, to those defendants who were sentenced to probation or a fíne, but not a prison term.
See Rinaldi
We may assume that a legislature could validly provide for replenishing a county treasury from the pockets of those who have directly benefitted from county expenditures. To fasten a financial burden only upon those unsuccessful appellants who are confined in state institutions, however, is to make an invidious discrimination. Those appellants who have been sentenced only to pay a fine have been accorded the same benefit by the county — a transcript used in an unsuccessful appeal, and all that distinguishes them from their institutionalized counterparts is the nature of the penalty attached to the offense committed. There is no defensible interest served by focusing on that distinction as a classifying feature in a reimbursement statute, since it bears no relationship whatever to the purpose of the repayment provision. Likewise, an appellant subject only to a suspended sentence or probation is likely to differ from an inmate only in the extent of his criminal record. That, too, is a trait unrelated to the fiscal objective of the statute.
Rinaldi
Congress may have felt displeasure at the refusal of the Supreme Court to incorporate a proportionality factor into the calculus used to determine a
E. Conclusion
Although
It is an essential element of equal protection of the laws that each person shall possess the unhampered right to assert in the courts his rights, without discrimination, by the same processes against those /ho wrong him as are open to every other person. The courts must be open to all upon the same terms. No obstacles can be thrown in the way of some which are not interposed in the path of others. Recourse to the law by all alike without partiality or favor, for the vindication of rights and the redress of wrongs, is essentially to equality before the law.
Bogni v. Perotti,
Because the provision of
*606 V. Order
Defendants did not argue in their response that plaintiff is not - a prevailing party, nor did they attack the reasonableness of the hours and rate claimed by counsel for plaintiff in his detailed billing summary. Presumably, defendants viewed these issues as essentially irrelevant in light of the fee cap provision of
IT IS SO ORDERED.
OPINION AND ORDER DENYING DEFENDANTS’ MOTION FOR RECONSIDERATION AND ALLOWING DEFENDANTS ADDITIONAL TIME TO FILE A SUPPLEMENTAL RESPONSE
I. Introduction
This case has been the subject of numerous orders of the Court, and thus the facts need only be briefly restated here. Plaintiff William Walker, a state prisoner, commenced this action against defendants Thomas Bain and Janice Richter (also referred to as Janice Metzger), corrections officers, alleging that defendants retaliated against him for filing grievances and lawsuits. The case was tried to a jury before the undersigned pursuant to
On August 3, 1999, I filed an Opinion concluding that the PLRA fee cap codified at
II. Standard of Review
Although the Federal Rules of Civil Procedure do not provide for reconsideration of an order of the Court, the Local Rules of this Court provide that such a motion may be filed within 10 days after entry of the judgment or order which is the subject of the motion. See E.D.Mich. LR 7.1(g)(1). 1 Although a motion for reconsid *607 eration is committed to the Court’s discretion, as a general matter “the court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the court, either expressly or by implication.” E.D.Mich. LR 7.1(g)(3). Rather, to be entitled to relief the movant must demonstrate both (1) “a palpable defect by which the court and the parties have been misled” and (2) “that correcting the defect will result in a different disposition of the case.” Id.
Notwithstanding this generally strict standard, I will give
de novo
consideration to the arguments raised by defendants because they did not have the opportunity to address the equal protection issue prior to my Order of August 3. Plaintiff first raised the argument in his reply brief, after the defendants had invoked
III. Analysis
In my previous Order, I concluded that the distinction drawn between prisoners and nonprisoners by the PLRA fee cap at issue here is not rationally related to any legitimate governmental interest, and thus does not survive rational basis review. In reaching this conclusion, I identified two possible legitimate governmental interests served by the provision: deterrence of frivolous filings and protection of the public fisc.
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Relying on
Lindsey v. Normet,
Defendants raise three arguments against this conclusion. First, defendants argue that the attorney fee limitation reflects Congress’s reasonable judgment, based on twenty years of experience with the civil rights attorney fee provision, that the underlying purpose of the fee provision — encouraging civil rights suits which benefit the public — is not served by award *608 ing large fees in prisoner cases. Second, defendants argue that the PLRA fee cap is a reasonable attempt by Congress to make attorney fee awards in prisoner eases proportional to the relief obtained. These first.two arguments are essentially arguments that the fee cap provision is rationally related to legitimate governmental ends. Third, defendants argue that prisoners are not similarly situated as other civil rights litigants for purposes of the equal protection analysis.
Without rehashing entirely the analysis in my original Opinion, I conclude that these arguments are without merit. The argument that the fee cap is rationally related to the goal of deterring frivolous filings is untenable in light of the Supreme Court’s rejection of similar claims in Lindsey and Rinaldi. Similarly, although protecting the public fisc is, as defendants argue, a legitimate public purpose, the Supreme Court’s cases (again Rinaldi in particular) make clear that Congress cannot, consistent with equal protection, require a politically unpopular group—i.e., prisoners—to bear the entire burden of that cost.
Defendants’ argument essentially boils down to an assertion that the distinction between prisoner and nonprisoner civil rights litigants is permissible because the two groups are not similarly situated. Noting that the purpose of
Defendants’ argument fails for two reasons. First, it relies primarily on the assertion that prisoners clog up the courts with frivolous litigation to a much greater extent than do nonprisoner civil rights litigants. While this may be true, it is also irrelevant. As explained briefly above and more fully in my initial Opinion, the attorney fee cap simply does not relate in any way to the initial filing of a civil rights lawsuit. Defendants’ argument is simply their rational relationship argument in a different guise.
More fundamentally, defendants’ argument fails because their “similarly situated” argument is based on too broad a comparison of prisoners and non-prisoners. It is true, as defendants note, that the equal protection component of the Fifth Amendment does not require that all persons be treated alike; rather, it requires only that all persons “similarly situated” to each other be treated alike.
See City of Cleburne, Tex. v. Cleburne Living Center, Inc.,
The test is whether a prudent person, looking objectively at the [governmental actions], would think them roughly equivalent and the protagonists similarly situated. Much as in the lawyer’s art of distinguishing cases, the “relevant aspects” are those factual elements which determine whether reasoned analogy supports, or demands, a like result. Exact correlation is neither likely nor necessary, but the cases must be fair con-geners. In other words, apples should be compared to apples.
Economic Opportunity Comm’n of Nassau County, Inc. v. County of Nassau,
Here, therefore, the question is not whether prisoners and nonprisoners are similarly situated in general, or even, as defendants pose the issue, whether prisoner and nonprisoner civil rights litigants are similar.
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Rather, the issue is whether
successful
prisoner civil rights litigants are similarly situated with successful nonpris-oner civil rights litigants. Phrased in this manner, it is clear that the prisoners and nonprisoners- are similarly situated: a prisoner’s increased incentive or ability to file a frivolous lawsuit does not, as has been explained, relate in any way to either
As the Supreme Court recently explained (in a case striking down a statute under rational basis review):
Central both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance. Equal protection of the laws is not achieved through indiscriminate imposition of inequalities. Respect for this principle explains why laws singling out a certain class of citizens for disfavored legal status or general hardships are rare. A law declaring that in general it shall be more difficult for one group of citizens than for others to seek aid from the government is itself a denial of equal protection of the laws in the most literal sense.
Romer v. Evans,
IV. Order
Accordingly, it is ORDERED that defendants’ motion for reconsideration is hereby DENIED. It is further ORDERED that defendants may file a supplemental response to plaintiffs motion for attorney fees addressing the amount of fees to which plaintiff is entitled under
IT IS SO ORDERED.
Notes
. The procedural history leading to the entry of the amended judgment is detailed in my Opinion and Order, entered this date, denying plaintiff’s motion for partial new trial.
. As the Sixth Circuit noted in
Stallworth v. Greater Cleveland Regional Transit Authority,
. A search of the Westlaw database yields 91 Supreme Court cases in which the word "void” appears in the same sentences as "vague” or "vagueness.” Fifty-one of these cases substantively addressed the vagueness issue, either in the principal opinion or in a concurring or dissenting opinion. Of these, only four cases arose outside the criminal law or First Amendment context. In each case, however, the context was sufficiently similar to the concerns underlying application of the vagueness doctrine in the criminal and First Amendment contexts to justify application of the doctrine.
See Village of Hoffman Estates v. Flipside,
. Actually, the Equal Protection Clause of the Fourteenth Amendment has no application here because, by its terms, the Fourteenth Amendment applies only to the states, and the PLRA is a federal enactment. However, the Supreme Court has held that the Due Process Clause of the Fifth Amendment, which is applicable to the federal government, contains an equal protection component identical to the Fourteenth Amendment.
See Mathews v. De Castro,
. There is no court opinion of any prece-dential weight addressing the constitutionality, on equal protection grounds, of
The numerous cases rejecting equal protection challenges to the filing fee provisions of the PLRA are inapposite. There is a rational relationship between the obligation to pay a filing fee and a prisoner's decision to file a frivolous case. The filing fee obligation obviously creates a financial disincentive which requires a prisoner to "think twice" before filing a frivolous claim.
See Hampton,
. However, neither the state, nor a state agency, nor a state official sued in his or official capacity, is a person as that term is used in
. Although
Silbowitz,
as a summary affir-mance, does not have the same precedential weight as a full opinion by the Supreme Court, it is entitled to some weight.
See Allen v. Wright,
. The hourly rate for counsel appointed under
. Defendants also label their motion as one to alter or amend the judgment under Rule 59(e) and, alternatively, for relief from judgment under Rule 60. However, "Rules 59(e) and 60(b) ... are not applicable here because they
*607
apply only to final judgments and orders.”
New York v. Almy Bros., Inc.,
No. 90-CV-818,
. Pursuant to Local Rule 7.1(h)(2), I conclude that neither oral argument nor a response by plaintiff is necessary to resolve defendants' motion.
. I also identified one other possible purpose, namely to deprive prisoners
qua
prisoners of the opportunity to obtain an award of attorney fees on the same basis as other civil rights litigants. However, I concluded that this purpose, if it exists, cannot support the constitutionality of the fee cap because a " 'bare congressional desire to harm a politically unpopular group' ” is not a legitimate governmental interest.
Weinberger v. Salfi,
. For example, prisoners and nonprisoners are not similarly situated for purposes of the filing fee provisions of the PLRA because, as defendants suggest, prisoners have more time and incentives to file civil rights suits than nonprisoners.
See Murray v. Dosal,