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Supreme Court's Attorneys' Fees Decision Will Impact Religious Rights Cases

By Howard M. Friedman

The U.S. Supreme Court yesterday decided an attorneys' fee case that will be important to lawyers bringing cases seeking to vindicate free exercise or establishment clause rights. 42 USC Sec. 1988 authorizes the award of reasonable attorneys' fees to the prevailing party in civil rights lawsuits, including those under Section 1983, RLUIPA and RFRA. In Perdue v. Kenny A., (Sup. Ct., April 21, 2010), the Court, in an opinion by Justice Alito, held that while the amount of the fee is generally determined by computing an hourly rate (the "lodestar" amount), that amount may be increased for superior performance, but only in extraordinary circumstances. Justices Breyer filed a partial dissent, joined by Justices Stevens, Ginsburg and Sotomayor, objecting to the manner in which the majority dealt with the application of its holding to the facts of the case before it which involved a challenge to Georgia's foster care system. National Law Journal reports on the decision, and Scotus Blog has further analysis of it.

Full post as published by Religion Clause on April 22, 2010 (boomark / email).