Legal fees in a prisoner civil rights case filed shortly before Congress capped such awards in 1996 should be fixed at the more generous pre-capped rates for work done before the law’s effective date, and fixed at the capped rates for work done afterward, a federal judge in Manhattan has ruled.

Writing on an issue that has divided courts around the country and is pending before the U.S. Supreme Court, Southern District Judge John S. Martin Jr. proposed the hybrid fee award in the case of a New York prisoner, Bobby Williams, confined in medical keeplock for 589 days for refusing to take a tuberculosis test.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]