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Civil Procedure Keyed to Subrin
City of Riverside v. Rivera
Citation:
477 U.S. 561 (1986)Facts
In 1975, Plaintiffs were attending a party that was broken up by the Riverside police who used tear gas and physical force without a warrant. Subsequently, Plaintiffs filed suit in a federal district court against Defendants, alleging violations of their First, Fourth, and Fourteenth Amendment rights. The jury found in the individuals’ favor and awarded $33,350 in compensatory and punitive damages. The individuals also sought attorney’s fees under the Civil Rights Attorney’s Fees Awards Act of 1976 in the amount of $245,456.25, based on 1,946.75 hours expended by their two attorneys at $125 per hour and 84.5 hours expended by law clerks at $25 per hour. Finding both the hours and rates reasonable, the District Court awarded the requested amount, and the Court of Appeals affirmed. The appellate court found that the fee award was not excessive merely because it exceeded the amount of damages awarded by the jury. Defendants appealed the attorney’s fees award, but the Court of Appeals for the Ninth Circuit affirmed. The U.S. Supreme Court vacated the award and remanded the case to be reconsidered in light of Hensley v. Eckerhart, 461 U.S. 424 (1983). The district court and the appellate court affirmed the award again.
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Topic Resources
3m 56sTopic Outline 