Harradine v. Board of Supervisors
Opinion of the Court
Order unanimously modified, without costs, and, as modified, affirmed, in accordance with the following memorandum: In this action for a declaratory judgment which involves the distribution and apportionment of the members of the Board of Supervisors of Orleans County, the defendant board appeals from an award of attorney’s fees to plaintiff under the Civil Rights Attorney’s Fees Awards Act of 1976 (US Code, tit 42, § 1988). On February 20, 1980, in rejecting the grounds on which a prior award was made in this action, we held that attorney’s fees may be awarded under section 1988 upon a finding that plaintiff was in fact a “prevailing party” in a civil rights action embraced within the spirit of section 1983 of title 42 of the United States Code (Harradine v Board of Supervisors of Orleans County, 73 AD2d 118). On March 21, 1980 plaintiff applied for attorney’s fees totaling $58,570 under section 1988 and submitted a 12-page itemization of the legal services rendered in his behalf in the action from March 9,1977 to March 11, 1980. The trial court found that the action was a civil rights action and that plaintiff was.a prevailing party. Based on the affidavits of plaintiff’s attorneys and the facts adduced at a hearing, the trial court made a total award of $58,570 consisting of a base allowance of $42,750, arrived at by applying a constant hourly rate of $90 to the approximate 475 hours of legal time devoted to the case, and an additional award of $16,000 because of the “unusually high degree of skill demonstrated by the plaintiff’s attorneys”. On this appeal the board claims that plaintiff was not a prevailing party to entitle him to an award of fees, that the trial court abused its discretion by awarding unreasonable attorney’s fees, and that it failed to specify facts justifying an award in addition to the base allowance. We agree, for the reasons stated by the trial court, that plaintiff was responsible for a redress of the constitutional rights violation and insured that an ultimate remedy will result to the voters of Orleans County, and that plaintiff is a prevailing party and entitled to have the cost of attorney’s fees assessed against the defendant (see Harradine v Board of Supervisors of Orleans County, 73 AD2d 118, supra; Harradine v Board of Supervisors of Orleans County, 68 AD2d 298). We find, however, that the trial ¡court erred by awarding excessive attorney’s fees. The prior award of counsel fees, which we vacated for reasons other than reasonableness (Harradine v Board of Supervisors of Orleans County, 73 AD2d 118, supra), included an award of $11,825 for 150% hours of legal services expended by these attorneys on the case for the period from March 9, 1977 to November 3, 1978. A claim for these services is also included in the present application. The previous evaluation of these legal services by the court was found then to be “fair and reasonable”. Their reasonableness was not questioned or reviewed on the first appeal. These legal services did not increase in value because of the lapse of time. The record does not warrant their re-evaluation at the higher hourly rate of $90. We hold that the plaintiff and the trial court are bound by the previous award for the legal time devoted to the case to November 3, 1978. The evidence in the record, however, does permit the application of a $90 hourly rate for the additional approximately 325 hours of services rendered from November 3,1978 to March 11, 1980. Further, the trial court erred as a matter of law in making the additional allowance of $16,000 based solely on the “skill” demonstrated by the attorneys. The court properly found that no special expertise is involved in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.