Thank you for sharing!

Your article was successfully shared with the contacts you provided.
As amended August 28, 2001.

Appeal from the United States District Court For the Western District of Texas

The chairmen and members of the Texas Board of Pardons and Paroles and of the Texas Board of Criminal Justice, in their official capacities, appeal from the judgment below awarding attorneys’ fees to plaintiffs’ counsel in this class action by Texas prisoners. Following our reversal on the merits of the prisoners’ constitutional claims, see Johnson v. Rodriguez, 110 F.3d 299 (5th Cir. 1997), the magistrate judge ordered the defendants to pay $471, 946.05 in attorneys’ fees and expenses, finding that the prisoners were a prevailing party pursuant to the “catalyst theory” of legal relief. The Supreme Court has since rejected reliance on the “catalyst theory” as a basis for awarding attorney’s fees under fee-shifting statutes authorizing awards to the “prevailing party.” See Buckhannon Bd. & Care Home, Inc. v. W. Va. Dept. of Health & Human Res., — U.S. –, 121 S.Ct. 1835 (2001). Accordingly, we reverse the magistrate judge’s determination that the prisoner class is a “prevailing party” under 28 U.S.C. � 1988. Finding no other basis on which attorneys’ fees might be awarded, we vacate the magistrate judge’s order.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2022

June 29, 2022
Hong Kong

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.

Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.

Learn More


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys with deposition experience to handle co...

Apply Now ›

Deputy Chief Prosecutor, Fort McMurray

JOB INFORMATION Job Title: Deputy Chief Prosecutor, Fort McMurrayJob Requisition ID: 20880 Ministry: Justice & Solicitor General Locatio...

Apply Now ›

Low Income Taxpayer Clinic Supervising Attorney

The College of Law at Georgia State University currently seeks qualified applicants for the position of Clinical Supervising Attorney. Along...

Apply Now ›



IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.

View Announcement ›



Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.

View Announcement ›