Private Attorneys General, Prevailing Parties, and Public Benefit: Attorney's Fees Awards for Civil Rights Plaintiffs

Abstract

Joe, a homeless man eager to improve his lot, seeks to supplement his high school education by taking advantage of the resources of the public library located three blocks from the back alley where he often spends his nights. The library, upon receiving complaints from library patrons who claim to be disturbed by Joe's presence, expels Joe and bars him from reentering the library on the grounds that only those who can supply the library with a home address are permitted to use the library's facilities. In fact, the library enforces this policy only against black wouldbe patrons; Joe's expulsion resulted not from his creating a disturbance, but from his being black. Joe brings suit under 42 U.S.C. ? 1983, alleging the denial of his equal protection rights, seeking both injunctive and monetary relief. Joe cannot afford to pay for legal services; yet an attorney is willing to take Joe's case because of the award of attorney's fees he knows will be forthcoming if Joe's suit is successful. While the suit is pending, Joe gets a job and earns enough to rent an apartment. Upon supplying the library with his new home address, Joe gains access to the library; he must drop his claim for injunctive relief. The jury later determines that although Joe was denied equal protection, he suffered no compensable harm. Accordingly, the trial judge enters judgment on Joe's behalf, awarding him nominal damages. Joe then brings an action under 42 U.S.C. ? 1988, seeking an award of attorney's fees incurred in the litigation of his civil rights suit.