Webb v. County Board of Education
Webb v. County Board of Education
Opinion of the Court
delivered the opinion of the Court.
The Civil Rights Attorney’s Fees Awards Act of 1976, 90 Stat. 2641, 42 U. S. C. § 1988, authorizes a court to award a reasonable attorney’s fee to the prevailing party in “any action or proceeding” to enforce certain statutes, including
In the spring of 1974 respondent Dyer County Board of Education, terminated the employment of petitioner, who was a black elementary school teacher with tenure. Petitioner retained counsel to assist him in demonstrating that his discharge was unjustified and to obtain appropriate relief.
A Tennessee statute provides that public school teachers may only be dismissed for specific causes, and guarantees a hearing on charges warranting dismissal.
On August 13, 1979, the petitioner commenced this action in the United States District for the Western District of Tennessee. He alleged that the Board action was unconstitutional and that various civil rights statutes, 42 U. S. C. §§ 1981, 1982, 1983, 1985, afforded him a basis for monetary and equitable relief against the respondent Board and various individual defendants associated with his dismissal.
On October 14, 1981, the case was settled by the entry of a consent order awarding the petitioner $15,400 in damages and dismissing the action with prejudice.
Respondents, on the other hand, took the position that a reasonable fee would not exceed $5,000. They objected to the hourly rate,
The District Court awarded a fee of $9,734.38 plus expenses. In making that award, the District Court accepted respondents’ position that the time spent in the School Board proceedings should be excluded, but otherwise resolved all issues in petitioner’s favor.
The petitioner argues that he is entitled to a fee award for the services of his counsel during the School Board hearings
I
The relevant language m § 1988
Carey, however, arose under a statute that expressly requires the claimant to pursue available state remedies before commencing proceedings in a federal forum.
*241 “The difference between Carey and this case is that in Carey the statute that authorized fees, Title VII, also required a plaintiff to pursue available state administrative remedies. In contrast, nothing in § 1983 requires that a plaintiff exhaust his administrative remedies before bringing a § 1983 suit. See Patsy v. Florida Board of Regents, 457 U. S. 496 (1982).” Id., at 1011, n. 14.
Because § 1983 stands “as an independent avenue of relief” and petitioner “could go straight to court to assert it,” ibid., the School Board proceedings in this case simply do not have the same integral function under § 1983 that state administrative proceedings have under Title VII.
Congress only authorized the district courts to allow the prevailing party a reasonable attorney’s fee in an “action or proceeding to enforce [§ 1983].” Administrative proceedings established to enforce tenure rights created by state law simply are not any part of the proceedings to enforce § 1983,
II
In Hensley v. Eckerhart, supra, at 424, we discussed the method to be employed by the district court in determining
In this case, the petitioner contends that all of the hours spent by his attorney in the School Board proceedings were “reasonably expended” to enforce the rights protected by § 1983. More specifically, since witnesses were examined and opposing arguments considered and refuted in those proceedings, the work was analogous to discovery, investigation, and research that are part of any litigated proceeding, and therefore should be compensable as though the work was performed after the lawsuit was actually filed. “In sum,” petitioner concludes, “Hensley requires that fees for work done from the onset of an attorney-client relationship be awarded if that work was reasonably related to the enforcement of federal civil rights unless the hours spent would not, in the exercise of normal billing judgment, be ‘properly billed to one’s client.’ ” Brief for Petitioner 19 (quoting Hensley v. Eckerhart, 461 U. S., at 434).
The Court’s opinion in Hensley does not sweep so broadly. The time that is compensable under § 1988 is that “reasonably expended on the litigation.” Id., at 433 (emphasis added). When the attorney’s fee is allowed “as part of the costs” — to use the language of the statute — it is difficult to treat time spent years before the complaint was filed as having been “expended on the litigation” or to be fairly comprehended as “part of the costs” of the civil rights action.
Accordingly, the judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice Marshall took no part in the consideration or decision of this case.
In relevant part, § 1988 provides:
“In any action or proceeding to enforce a provision of §§ 1981, 1982, 1983, 1985 and 1986 of this title, title IX of Public Law 92-318, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
Tenn. Code Ann. §49-5-511(a) (1983) (“No teacher shall be dismissed . . . except as provided in this part. . . . The causes for which a teacher may be dismissed are as follows: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination”); §49-5-512 (“A teacher, having received notice of charges against him, may . . . demand a hearing before the board”).
The petitioner contended that he had been discharged, in part, because of the complaints of white parents about his administration of corporal punishment to their children. He claimed that no other teacher in Dyer County engaging in such activities had ever been reprimanded, and that he had been singled out for punishment because of his race. App. 8-9.
Specifically, the petitioner sought reinstatement, backpay, and $1 million in damages. On behalf of a class consisting of all black teachers and black applicants for teaching positions, the petitioner also sought monetary and equitable relief against the Board’s allegedly discriminatory employment practices. Id., at 14-17.
Id., at 32-34.
Id., at 39-55. The time schedule submitted by the petitioner was a reconstruction of the hours his counsel spent on the matter. Tr. of Fee Hearing 10. Contemporaneously recorded time sheets are the preferred practice. See Hensley v. Eckerhart, 461 U. S. 424, 441 (1983) (BURGER, C. J., concurring). The schedule detailed a “total” of 141.1 hours of which 82.8 hours are specifically attributable to the administrative proceedings which finally terminated in August 1978. The balance of 58.3 hours has been treated by the parties and the courts below as having been spent in connection with the action in federal court.
Counsel’s affidavit stated his regular hourly charges for routine commercial work were $60 in 1974-1976, $90 in 1977-1979, $105 in 1980, and $120 in 1981. App. 55. Two expert witnesses testified for the petitioner that the request of $120 per hour for 141.1 hours was reasonable. Tr. of Fee Hearing 3-23, 30-46.
The respondent’s three experts offered varying opinions on the reasonable hourly fee which was said to be between $50 and $100 for the administrative hearings and between $60 and $100 for the court proceedings. See App. 63-72; Tr. of Fee Hearing 108-114.
In calculating the fee, the District Court applied an hourly rate of $125 to the 58.3 hours that were not recorded as having been spent on the administrative proceedings. The court allowed the 25% upward adjustment sought by the petitioner even though he did not prevail on the class action allegations in his complaint and received only a small portion of the damages'sought. The court also awarded $625 (5 hours) for the time spent litigating the fee application.
The respondents unsuccessfully challenged the District Court’s calculations on appeal. 715 F. 2d, at 259-260. Although the District Court rendered the award without the guidance of this Court’s decisions in Hensley v. Eckerhart, 461 U. S. 424 (1983), and Blum v. Stenson, 465 U. S. 886 (1984), the respondents did not file a petition for certiorari from the adverse decision of the Court of Appeals, and our review of the District Court’s calculations consequently is limited to its denial of fees for the time spent on the hearings before the School Board.
Compare Ciechon v. City of Chicago, 686 F. 2d 511, 524-525 (CA7 1982), with 715 F. 2d 254 (CA6 1983) (case below), Horacek v. Thone, 710 F. 2d 496, 499-500 (CA81983), Latino Project, Inc. v. City of Camden, 701 F. 2d 262, 264-265 (CA3 1983), Estes v. Tuscaloosa County, 696 F. 2d 898, 900 (CA111983) (per curiam), Redd v. Lambert, 674 F. 2d 1032, 1036-1037 (CA5 1982), and Blow v. Lascaris, 668 F. 2d 670, 671 (CA2) (per curiam), cert. denied, 459 U. S. 914 (1982). See also Bartholomew v. Watson, 665 F. 2d 910, 912-914 (CA9 1982); Brown v. Bathke, 588 F. 2d 634, 638 (CA8 1978).
See n. 1, supra.
78 Stat. 261, 42 U. S. C. § 2000e-5(k) (“In any action or proceeding under [Title VII] the court, in its discretion, may allow the prevailing party, other than the [Equal Employment Opportunity] Commission or the United States, a reasonable attorney’s fee as part of the costs . .
As we explained in Carey:
“It is clear from this scheme of interrelated and complementary state and federal enforcement that Congress viewed proceedings before the EEOC and in federal court as supplements to available state remedies for employment discrimination. Initial resort to state and local remedies is mandated, and recourse to the federal forums is appropriate only when the State does not provide prompt or complete relief.” 447 U. S., at 65.
Of course, competent counsel will be motivated by the interests of the client to pursue state administrative remedies when they are available and counsel believes that they may prove successful. We cannot assume that an attorney would advise the client to forgo an available avenue of relief solely because § 1988 does not provide for attorney’s fees for work performed in the state administrative forum.
This interpretation of § 1988 is consistent with the numerous references in its legislative history to promoting the enforcement of the civil rights statutes “in suits,” “through the courts” and by “judicial process.” See, e. g., S. Rep. No. 94-1011, pp. 2, 6 (1976); H. R. Rep. No. 94-1558, p. 1 (1976). Cf. Burnett v. Grattan, 468 U. S. 42, 50 (1984) (“[T]he dominant characteristic of civil rights actions” is that “they belong in court”).
See also Fed. Rule Civ. Proc. 27 (providing a procedure for preserving testimony before the bringing of a federal cause of action).
Indeed, in the 11 months between the late summer of 1978, when the adverse decision in the administrative proceeding became final, and' the summer of 1979, when the petitioner brought this civil rights action, less than one-quarter hour was spent by counsel on the case — to write a letter renewing a previous settlement offer. App. 47.
Justice BRENNAN suggests that the petitioner’s filing of the transcript of the administrative hearings in the record of the civil rights action might justify an award of attorney’s fees, in part, because that transcript substituted for the affidavits the petitioner would have had to file in response to the motion for summary judgment. Post, at 255. That motion, however, was filed only by three of the individual defendants, and addressed a statute of limitations defense. App. 27. On this record, we find no indication that the 82.8 hours spent in the administrative proceeding were in any way equivalent to the time that would have been spent preparing the affidavits necessary to respond to this summary judgment motion, or that any part of the administrative record was necessary for that purpose. Moreover, the District Court judge’s decision on all other
We also reemphasize that the district court’s consideration of a fee petition “should not result in a second major litigation.” Hensley v. Eckerhart, supra, at 437. The District Court Judge in this case quite properly admonished the parties to limit adversary hostilities and to avoid excessive cross-examination of fee witnesses. E. g., Tr. of Fee Hearing 141.
Dissenting Opinion
with whom Justice Blackmun joins, concurring in part and dissenting in part.
The Court concludes today that attorney’s fees for work in optional state administrative proceedings are not “automatically” awardable to a prevailing civil rights litigant under 42 U. S. C. § 1988, but that fees may be awarded for a “discrete
M
A
Although the Court decides that prevailing civil rights litigants may recover fees for “discrete” work in optional administrative proceedings, it does not seek to refute the arguments advanced by the respondents and the courts below that the language and policies of § 1988 affirmatively bar awards of such fees. The question of § 1988’s intended breadth arises in a variety of contexts, and lower courts have divided over the proper analysis to apply in considering fee requests for work beyond the four corners of civil rights
With respect to the first requirement, our decision in New York Gaslight Club, Inc. v. Carey, 447 U. S. 54 (1980), compels the conclusion that a state administrative hearing may be a “proceeding” within the meaning of § 1988. We held in Carey that state administrative proceedings fall within the definition of an “action or proceeding” as that phrase is used in the Title VII fee provision, § 706(k) of the Civil Rights Act of 1964, 78 Stat. 261, 42 U. S. C. § 2000e-5(k). 447 U. S., at 61-66. We reasoned there that “[i]t cannot be assumed that the words ‘or proceeding’. . . are mere surplusage,” and that “Congress’ use of the broadly inclusive disjunctive phrase ‘action or proceeding’” demonstrated an intent to permit fees for work beyond the litigation itself. Id., at 61. This reasoning applies squarely to § 1988, which employs precisely the same phraseology as the Title VII fee provision. The relevant Committee Reports emphasize Congress’ intent to pattern § 1988 after the Title VII fee provision,
As the Court emphasizes today, there is an important distinction between Title VII cases and § 1983 cases that is relevant to the extent to which fees for collateral proceedings may be authorized: Title VII is governed by an administrative exhaustion requirement, while § 1983 generally is not. Ante, at 240-241; see also Smith v. Robinson, 468 U. S. 992, 1011, n. 14 (1984).
Although §1983 generally does not require exhaustion of state remedies, prevailing litigants nevertheless may be able to demonstrate that ancillary state proceedings played a critical role in “enforcing] a provision” of the civil rights laws. For example, courts sometimes choose to make ancillary proceedings a part of the civil rights litigation. Federal courts occasionally have exercised their discretion to abstain and have required litigants to clarify state-law issues in state forums before proceeding with the federal actions.
Where the decision to pursue administrative proceedings rests solely with the plaintiff, it cannot be presumed that the proceedings are integrally related to the enforcement of federal civil rights. As the Court observes, school board hearings should not “automatically” be viewed as part of the § 1983 remedial scheme. Ante, at 241. Nothing in the logic of Carey, Smith, or our other cases, however, compels the contrary conclusion that all fees for such proceedings “automatically” be excluded. Once it is recognized that state administrative proceedings may fall within the rubric “action or proceeding” in appropriate circumstances, courts must strike a necessarily uneasy balance between two arguably conflicting considerations. On the one hand, Congress clearly intended to enable civil rights litigants to proceed expeditiously to court, and time spent in optional state proceedings may therefore frequently be unnecessary to vindication of civil rights claims. On the other hand, if a successful litigant can demonstrate that the fruits of an antecedent
There is certainly nothing in § 1988 that limits fee awards to work performed after the complaint is filed in court. For example, it is settled that a prevailing party may recover fees for time spent before the formal commencement of the litigation on such matters as attorney-client interviews, investigation of the facts of the case, research on the viability of potential legal claims, drafting of the complaint and accompanying documents, and preparation for dealing with expected preliminary motions and discovery requests. 2 M. Derfner & A. Wolf, Court Awarded Attorney Fees ¶ 16.02[2][b], p. 16-15 (1984). This time is “reasonably expended on the litigation,” Hensley v. Eckerhart, 461 U. S. 424, 433 (1983), in part because careful prefiling investigation of the facts and law is required by the ethical rules of our profession,
*250 “Litigating a civil rights claim requires considerable preparation. An injured person must recognize the constitutional dimensions of his in-
This analysis leads me to concur with the Court’s conclusion that fees may be recovered for administrative work that is “useful and of a type ordinarily necessary” to successful civil rights litigation. Ante, at 243. A standard for determining what is useful and necessary should encompass three factors. First, a court must conclude that the claimed portions of administrative work were independently reasonable.
HH hH
The District Court in this case held as a matter of law that § 1988 bars recovery of all fees associated with optional state administrative proceedings. App. to Pet. for Cert. 33a-40a. Today the Court rejects such an absolute prohibition and holds instead that fees may be awarded in the informed discretion of a district court if the work was “useful” and substituted for work at the judicial stage that would have been “ordinarily necessary” to a successful outcome. Ante, at 243. I believe this conclusion requires a reversal and remand so that the District Court may apply the correct legal rule and exercise its informed discretion regarding Webb’s possible entitlement to additional fees.
Webb’s fee application and supporting evidence amply establish a prima facie entitlement to fees for at least some portion of the administrative work under the standards discussed above. First, Webb’s application specified in detail the work performed in the course of the administrative proceedings, and along with the supporting affidavits and testimony would enable the District Court to make an informed
Second, Webb made a strong showing that the fruits of the administrative proceedings eliminated the need for extensive discovery after the complaint was filed and significantly contributed to the settlement of the federal litigation. During the Board proceedings, Webb’s attorney was able to elicit substantial testimony from administrators, teachers, and students supporting Webb’s allegation that he had been fired from his teaching job for racially discriminatory reasons.
At the very least, Webb would therefore appear to have established a prima facie entitlement to fees for the “discrete” portion of his counsel’s work relating to the Board hearings that were transcribed and relied upon in litigating and settling this action. Notwithstanding this showing, the Court today affirms the denial of all fees associated with the administrative proceedings. The Court reasons that “[t]he question argued below was whether the time spent on the administrative work. .. should be included in its entirety or excluded in its entirety.” Ante, at 243. I agree that the respondents consistently have argued that this time should be “excluded in its entirety” and that the courts below accepted this proposition as a matter of law, but I have been unable to find anything in the record suggesting that Webb himself argued for such an all-or-nothing resolution. Similarly, the Court chastises Webb for his failure to make a “suggestion below that any discrete portion of the work product from the administrative proceedings was work that was both useful and of a type ordinarily necessary to advance the civil rights litigation to the stage it reached before settlement.” Ibid. Webb’s counsel, however, submitted an affidavit detailing his services and presented substantial testimony that the administrative work in its entirety was “useful” and “necessary” to the outcome of the litigation, and I fail to see how this case differs from any in which a district court is required
This Court repeatedly has held that, with several narrow exceptions, the American Rule bars recovery of attorney’s fees in the absence of an express statutory authorization. See, e. g., Summit Valley Industries, Inc. v. Carpenters, 456 U. S. 717, 721 (1982); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U. S. 240, 247 (1975).
Section 1988 provides in relevant part that “[i]n any action or proceeding to enforce a provision of §§ 1981, 1982, 1983, 1985 and 1986 of this title, title IX of Public Law 92-318, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
See, e. g., S. Rep. No. 94-1011, pp. 4, 6 (1976) (Title VII cases provide “appropriate standards” for applying § 1988); H. R. Rep. No. 94-1558, p. 8 (1976). See also New York Gaslight Club, Inc. v. Carey, 447 U. S. 54, 70, n. 9 (1980).
In emphasizing that the phrase “prevailing party” was “not intended to be limited to the victor only after entry of a final judgment following a full trial on the merits,” for example, the House Report cited approvingly to Parker v. Matthews, 411 F. Supp. 1059 (DC 1976), aff’d sub nom. Parker v. Califano, 182 U. S. App. D. C. 322, 561 F. 2d 320 (1977). See H. R. Rep. No. 94-1558, at 7. The plaintiff in Parker had unsuccessfully pursued her administrative remedies before filing an action in federal court. Shortly after the complaint was filed, the agency reversed itself and the case was settled. The District Court awarded fees for both the administrative and court proceedings. 411 F. Supp., at 1065-1066.
See generally Patsy v. Florida Board of Regents, 457 U. S. 496 (1982). Exceptions include a limited exhaustion requirement for adult prisoners that may be imposed at the discretion of the court, see 42 U. S. C. § 1997e; Patsy v. Florida Board of Regents, supra, at 507-512, and the rule that defendants in civil or administrative enforcement proceedings generally may not avoid those proceedings by filing a § 1983 action in federal court, see, e. g., Trainor v. Hernandez, 431 U. S. 434 (1977); Huffman v. Pursue, Ltd., 420 U. S. 592 (1975).
See, e. g., Harrison v. NAACP, 360 U. S. 167 (1969); Bartholomew v. Watson, 665 F. 2d 910 (CA9 1982); Neal v. Brim, 506 F. 2d 6, 9-11 (CA5 1975); Blouin v. Dembitz, 489 F. 2d 488, 491-492 (CA2 1973).
See, e. g., Bond v. Stanton, 630 F. 2d 1231, 1233 (CA7 1980) (participation in state agency’s development of remedial plan); Northcross v. Board of Education, 611 F. 2d 624, 637 (CA6 1979), cert. denied, 447 U. S. 911 (1980).
The court in Bartholomew also observed that under the contrary rule “[p]laintiffs seeking relief under section 1983 would be compelled to oppose any move from federal court, despite the fact that an initial determination of certain matters by the state court might simplify or even moot the federal action because of the loss of the right to claim attorney’s fees under section 1988. A plaintiff’s attorney would be penalized if some of his client’s section 1983 claims were disposed of in a state forum. The ability to obtain counsel would therefore suffer.” 665 F. 2d, at 913.
See, e. g., ABA Model Code of Professional Responsibility EC 7-4, EC 7-25, DR 7-102(A), DR 2-109(A) (1980); ABA Model Rules of Professional Conduct, Rule 3.1 (1983).
See, e. g., Fed. Rule Civ. Proc. 11 (attorney’s signature constitutes a certification that the “pleading, motion, or other paper” is “well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law”). See also Advisory Committee Note to Fed. Rule Civ. Proc. 11, 28 U. S. C. App., p. 723 (1982 ed., Supp. I). Cf. Fed. Rule Civ. Proc. 27 (mechanism for deposing witnesses prior to initiation of action).
In Burnett v. Grattan, 468 U. S. 42, 50-51 (1984), we recently observed:
See, e. g., Ciechon v. Chicago, 686 F. 2d 511, 525 (CA7 1982) (sustaining award of fees for administrative work because “[t]he interest served by encouraging vigorous representation at an administrative proceeding” in the § 1983 context “is the same interest as that.. . . in the Title VII scheme of enforcement”); Brown v. Bathke, 588 F. 2d 634, 638 (CA8 1978) (“The awarding of attorney’s fees to a prevailing party in a civil rights action for work done in other proceedings lies in the sound discretion of the federal district court”; partial award sustained). Cf. Natural Resources Defense Council, Inc. v. EPA, 703 F. 2d 700, 713 (CA3 1983) (interpreting Equal Access to Justice Act as permitting recovery of fees incurred in obtaining information through the Freedom of Information Act even though “that route to information is not conventional discovery”; FOIA work “may well have been more expeditious than conventional discovery”); Chrapliwy v. Uniroyal, Inc., 670 F. 2d 760, 767 (CA7 1982) (awarding fees for administrative proceeding not required by Title VII, because proceeding “contributed to the ultimate termination of the Title VII action”), cert. denied, 461 U. S. 956 (1983).
H. R. Rep. No. 94-1558, at 7 (“A ‘prevailing’ party should not be penalized for seeking an out-of-court settlement, thus helping to lessen docket congestion”). See also id., at 4, n. 7 (if constitutional claim is substantial and arises out of “common nucleus of operative fact” with noncon-stitutional claims, courts may award fees even though relief is obtained solely on nonconstitutional grounds); S. Rep. No. 94-1011, at 5 (“[P]arties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief”).
See generally Patsy v. Florida Board of Regents, 457 U. S., at 513 (“[T]he relevant policy considerations do not invariably point in one direction, and there is vehement disagreement over the validity of the assumptions underlying many of them”); id., at 516-517 (O’CONNOR, J., concurring); id., at 517-518 (White, J., concurring in part); id., at 519, 532-536 (Powell, J., dissenting).
Carey supports rather than detracts from this analysis. Under Title VII, complainants may commence actions in federal court 240 days after they initiate state proceedings. A strict construction of the statute would suggest that fees be awarded only for the first 240 days of a state proceeding, for after that there is nothing preventing a suit in federal court. As we noted in Carey, however, “[i]t is doubtful that the systems of many
The party requesting fees for such work must submit evidence documenting the hours claimed, and if the documentation is inadequate, or the claimed hours appear “excessive, redundant, or otherwise unnecessary,” the court should reduce the award accordingly. Cf. Hensley v. Eckerhart, 461 U. S. 424, 433-434 (1983); Copeland v. Marshall, 205 U. S. App. D. C. 390, 401-402, 641 F. 2d 880, 891-892 (1980) (en banc). See generally 2 M. Derfner & A. Wolf, Court Awarded Attorney Fees ¶ 16.02[5], pp. 16-29 to 16-36 (1984).
This requirement is consistent with the policy against awarding fees for redundant or unnecessary work, see n. 16, supra; as Congress has not required exhaustion of administrative remedies, fees for administrative work should not be awarded to the extent that work in litigation subsequently covered the same ground.
Webb was discharged for allegedly unprofessional conduct and insubordination, without further specification of the charges. He contended that he had been dismissed as a result of white parents’ complaints about his paddling of their children. See App. 8-9. At the hearings, Webb’s counsel elicited testimony that paddling was a widely used and accepted means of discipline at Newborne Elementary School. Tr. 72, 99-100, 102-103, 113, 118, 122-123, 126, attached to Affidavit of Avon N. Williams, Jr., Record Doc. No. 73. School administrators, teachers, and students testified that Webb did not paddle students any more harshly than did other teachers, that Webb disciplined black and white students in an evenhanded manner, and that prior to Webb’s dismissal no other teacher ever had been reprimanded or disciplined for paddling students. Id., at 73-74, 78, 81, 83-84, 86, 113, 119, 123-124, 126, 150. There was significant testimony that, in the recent wake of desegregation, a number of white students misbehaved in Webb’s classroom, that school administrators did not assist Webb or other black teachers in maintaining classroom order, and that the administrators did not support Webb when white parents complained about Webb’s disciplining of their children. Id., at 29-30, 66, 77-78, 162, 208.
“You can look at the time spent on a matter such as this as to the discovery aspects, the prefiling investigation which there inevitably was in this case and which there almost always is where you have administrative proceedings that take place.
“Facts are discovered, positions taken, parties respond whether it is by one demand letter or a demand for a hearing, which is then held, and the parties state their positions regardless of the result, that is, part of the factual basis for the complaint and ultimately for the trial. So one could safely make the statement that at least a substantial part of that ground would not have to be plowed in actually litigating the ease.” Tr. of Fee Hearing 13-14.
See also id., at 8 (hours spent in administrative hearings were reasonable), 21 (hearings “part of the discovery process which leads to hopefully a settlement or, at least, enables you to foreshorten the formal discovery in federal court”), 41 (hearings were “essential” and “intrinsic” to success in litigation), 45 (hearings were “just part and parcel of the entire package of the case”). The defense counsel himself acknowledged that “after the complaint was filed no affirmative act of any kind was performed by counsel for the Plaintiff before settlement was made, that is, no discovery was taken . . . .” Id., at 19.
With respect to the effect that the administrative discovery had on settlement, one veteran civil rights litigator testified: “I don’t think one would have occurred without the other. I think there is a record made. I think good counsel for the Defendant in the case obviously has access to that and is able to weigh, as perhaps a public body in the emotion of the moment can weigh, the risk of continued litigation as opposed to settlement and advise his client taking into account all the usual factors,
See, e. g., Blum v. Stenson, 465 U. S. 886, 902, n. 19 (1984) (“[D]is-trict court is expressly empowered to exercise discretion in determining whether an award is to be made and if so its reasonableness”); Hensley v. Eckerhart, 461 U. S., at 433-437 (especially 437, district court “necessarily has discretion in making this equitable judgment”); id., at 443 (Brennan, J., concurring in part and dissenting in part); H. R. Rep. No. 94-1558, at 8 (Congress intended to “leav[e] the matter to the discretion of the judge”).
The Court also notes that several years elapsed between the administrative hearings and the ultimate settlement of the federal litigation, and observes that “it is difficult to treat time spent years before the complaint was filed as having been ‘expended on the litigation.’” Ante, at 242. I agree with the Court that the passage of time may be one factor to be considered in deciding whether a portion of administrative work served “to enforce a provision” of the civil rights laws; as the elapsed time increases, it is more likely that administrative proceedings were pursued for other reasons and were not integrally related to the litigation itself. Reliance on this factor in the case before us is misplaced, however. The Board’s final evidentiary hearing was held in April 1978, and the complaint was not filed until August 1979. The delay appears to have resulted from at least two factors that were beyond Webb’s control: first, the Board’s long delay in rendering a final decision, and second, the Board’s delay in responding to Webb’s precomplaint settlement attempts. See App. 46-47 (summary of professional services). Another two years passed before the litigation was settled, but again much of that time appears to have been consumed by settlement discussions. Id., at 50-54. Given that the inquiry is whether any of the fruits of the administrative proceeding were “useful” and eliminated the need for other work that would have been “necessary” in the federal
And to the extent that the fee request did not precisely track the standards newly set forth in today’s opinion, it is inappropriate to penalize Webb for his lack of prescience.
The purpose of § 1988 is to “promote the enforcement of the Federal civil rights acts, as Congress intended, and to achieve uniformity in those statutes and justice for all citizens.” H. R. Rep. No. 94-1558, at 9. See also S. Rep. No. 94-1011, at 2 (“[F]ee awards have proved an essential remedy if private citizens are to have a meaningful opportunity to vindicate the important Congressional policies which these laws contain”). These goals are not likely to be advanced if plaintiffs who successfully appeal erroneous interpretations of § 1988 are denied the opportunity to benefit from the application of the correct standards.
Reference
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