TORRES v. WALKER

Docket No. 03-102.

356 F.3d 238 (2004)

Ramon TORRES, Plaintiff-Appellant, v. Hans WALKER, Superintendent; Rual Ricci, Corrections Officer; E. Dann, Deputy Superintendent at Auburn Corr. Facility; Capt. Burns, Corrections Officer at Auburn Corr. Facility; Lt. Vasques, Corrections Officer at Auburn Corr. Facility; Lt. Chehovich, Hearing Officer at Auburn Corr. Facility; Sylvia Laguana, Acting Director of Inmates Grievance Program; Phillip Coombe, Jr., Acting Commissioner of NYS Dept. of Corrections; Brian Malone, Investigator General of the State of N.Y. Dept. of Corrections, Appellees, Sgt. CROSS, Corrections Officer; Douglas Ricci, Correctional Officer, New York State Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2004.


Attorney(s) appearing for the Case

Martin A. Geer, William S. Boyd School of Law, University of Nevada — Las Vegas, Las Vegas, NV (Jennifer Sandoval, Law Student, William S. Boyd School of Law, University of Nevada — Las Vegas, on the brief), for Plaintiff-Appellant.

Victor Paladino, Assistant Solicitor General of the State of New York, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General of the State of New York, Daniel Smirlock, Deputy Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, on the briefs), for Defendants-Appellees.

Jonathan H. Levy, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC (Peter D. Keisler, Assistant Attorney General, Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the brief), for Intervenor United States of America.

Before: MINER, CALABRESI and STRAUB, Circuit Judges.


MINER, Circuit Judge.

The Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(d)(2), caps awards of attorneys' fees in prisoner civil rights actions that result in a "monetary judgment." In this appeal, we are asked to decide whether this statutory cap on attorneys' fees applies to a "so-ordered" stipulation entered in the United States District Court for the Northern District of New York (Mordue, J.), dismissing a prisoner's § 1983 action against...

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