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Civil rights Keyed to Jeffries, 5th Ed.
Evans v. Jeff D.
Citation:
475 U.S. 717 (1986)Facts
In 1980, a class of mentally and emotionally handicapped children in Idaho’s care filed a civil rights action against state officials, alleging constitutional and statutory violations in educational programs and health care services. The plaintiffs were represented by an attorney from the Idaho Legal Aid Society, which provides free legal services to low-income persons. After settling educational claims with a fee waiver, the parties litigated the health care claims. One week before trial, defendants offered to settle, providing virtually all the injunctive relief sought but conditioning the offer on waiver of attorney’s fees. The plaintiffs’ attorney initially resisted but ultimately accepted the offer based on his ethical obligation to his clients. The District Court approved the settlement, including the fee waiver, finding it an adequate exchange. When plaintiffs appealed the fee waiver, the Court of Appeals invalidated only that portion of the settlement, holding that fee waivers obtained solely as a condition for obtaining relief for the class should not be accepted by courts.
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