Supreme Court of the United States
Blum v. Stenson
March 21, 1984465 U.S. 886
Summary
The Court held that attorney-fee awards under 42 U.S.C. § 1988 must ordinarily be calculated using prevailing market rates in the relevant community, even when the prevailing party is represented by a nonprofit legal-services organization. It also held that an enhanced award is not categorically barred, but the fee applicant bears the burden of showing that enhancement is necessary, and respondent failed to do so on this record. The judgment was therefore reversed only as to the 50% enhancement and otherwise affirmed.
Holding
- Method for calculating fees for nonprofit legal-services organizations. Reasonable fees under 42 U.S.C. § 1988 are calculated according to prevailing market rates in the relevant community, regardless of whether the prevailing party is represented by private counsel or nonprofit counsel.
- 50% enhancement of the fee award. An upward adjustment is not categorically impermissible, but the fee applicant must prove that enhancement is necessary to produce a reasonable fee. Respondent did not meet that burden because the asserted factors were either reflected in the hours or rates already awarded, or were unsupported by specific evidence.
Docket 81-1374
Cited authorities
- 42 U.S.C. § 1988
- 42 U.S.C. § 1983
- 42 U.S.C. § 1381
- N.Y. Soc. Serv. Law § 363
- 90 Stat. 2641
- 42 U.S.C. § 1988
- 42 U.S.C. §§ 1396
- N.Y. Soc. Serv. Law §§ 363-369
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