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551 F.2d 877

Docket No. 76-1166.

Martinez Rodriguez v. Jimenez

First Circuit Court of Appeals

Decided March 23, 1977.

First Circuit Court of Appeals · decided 1977-03-23

Cited by 35 later decisions — most recently December 1983 · most notably Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State Prison (1978), Israel Alicea Rosado v. Ramon Garcia Santiago (1977)

19 federal appellate · 4 district ·

2 counsel of record

Key passage — most relied on by later courts

“[W]e are convinced that the award of attorneys’ fees is proper under the Civil Rights Attorneys’ Fee Award Act of 1976, Pub.L.No. 94-559 (Oct. 19, 1976). This Act permits an award of reasonable attorneys’ fees to the prevailing party in an action such as this brought under 42 U.S.C. § 1983 . . . . The Finney court [Finney v. Hutto, 548 F.2d 640 (8th Cir. filed January 6, 1977)] also concluded, id., at 742 , that an award of attorneys’ fees proper under the Act was not barred by the eleventh amendment, following the analysis in Fitzpatrick v. Bitzer, 427 U.S. 445, 455 , 96 S.Ct. 2666 , 49 L.Ed.2d 614 (filed June 28,1976). We are in complete agreement with the above conclusions of the Finney court and the reasons stated in support thereof. The award of attorneys’ fees presently contested is accordingly proper under the Civil Rights Attorney’s Fees Awards Act of 1976 and is not barred by the eleventh amendment. 551 F.2d at 878-79 .”

quoted by 1 later decision, including 442 F. Supp. 1109 - Lund v. Affleck

Applies 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Alyeska Pipeline Service Company v. Wilderness Society · Bradley v. School Board of City of Richmond · Fitzpatrick v. Bitzer

Good law ✅— No negative treatment on recordhow we know

Opinion by VAN OOSTERHOUT · Decided 1977-03-23

View the full empirical analysis of this case →

¶1Candita R. Orlandi, Asst. Sol. Gen., Dept, of Justice, San Juan, P. R., with whom Roberto Armstrong, Jr., Acting Sol. Gen., San Juan, P. R., was on brief, for appellants.

¶2Rafael Perez-Bachs, with whom Stanley L. Feldstein, Roberto Buso Aboy, San Juan, P. R., and Francisco Lopez Romo, Santurce, P. R., were on brief, for appellees;

¶3Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and VAN OOSTER-HOUT,* Senior Circuit Judge.

¶5VAN OOSTERHOUT, Senior Circuit Judge.

¶6This is a class action brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) on behalf of inmates of the San Juan District *878Jail, a correctional institution of the Commonwealth of Puerto Rico commonly known as “La Princesa.” The district court, in an opinion reported at 409 F.Supp. 582 (D.P.R.1976), concluded in numerous respects that conditions of confinement at the jail did not comport with federal constitutional standards and cidered relief in numerous particulars, including a directive that the jail be closed no later than August 1, 1976.

¶7We are informed that the jail has in fact been closed, and the parties are in general agreement that most of the issues resolved by the district court are now moot. The only issue briefed and argued by appellant Commonwealth officials is the propriety of the district court’s award of attorneys’ fees, in the amount of six thousand dollars, to plaintiffs. For the reasons hereinafter stated, we affirm the award.

¶8The district court based its award of attorneys’ fees on the recent Supreme Court decision in Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 258-59, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975), and on a finding that defendants had “engaged in obstinacy and acted vexatiously.” 409 F.Supp. at 593, 595. Defendants vigorously contest both the application of Alyeska to this case and the district court’s finding of obstinacy and vexatiousness. We find it unnecessary to consider these arguments, however, as we are convinced that the award of attorneys’ fees is proper under the Civil Rights Attorneys’ Fees Awards Act of 1976, Pub.L. No. 94-559 (Oct. 19, 1976). This Act permits an award of reasonable1 attorneys’ fees to the prevailing party in an action such as this brought under 42 U.S.C. § 1983.

¶9The Court of Appeals for the Eighth Circuit, in Finney v. Hutto, 548 F.2d 740 (8th Cir. filed January 6, 1977),2 has already had occasion to consider the issues which are of primary concern to us here. The Finney court, faced, as we are, with a district court disposition predating the enactment of the above Act, concluded, id. at 742, “[i]t is clear that Congress intended the Act to apply to cases such as this pending resolution on appeal.”3 We would add that, apart from the legislative background relied upon by the Finney court, we deem wholly applicable the Supreme Court’s analysis in Bradley v. Richmond School Board, 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974).4 The Finney court also concluded, *879id., at 742, that an award of attorneys’ fees proper under the Act was not barred by the eleventh amendment, following the analysis in Fitzpatrick v. Bitzer, 427 U.S. 445, 455, 96 S.Ct. 2666, 49 L.Ed.2d 614 (filed June 28, 1976).

¶10We are in complete agreement with the above conclusions of the Finney court and the reasons stated in support thereof. The award of attorneys’ fees presently contested is accordingly proper under the Civil Rights Attorney’s Fees Awards Act of 1976 and is not barred by the eleventh amendment. It is therefore affirmed.

¶11Affirmed.

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