RUTHERFORD v. PITCHESS

No. 82-5071.

713 F.2d 1416 (1983)

Dennis RUTHERFORD, Harold Taylor, Richard Orr, Gregory Armstrong, Jack Jones and William Robles, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Peter J. PITCHESS, as Sheriff of the County of Los Angeles, William Anthony, as Assistant Sheriff of the County of Los Angeles, John Knox, as Chief of the Corrections Division of the Los Angeles County Sheriff's Department, James White, as Commander of the Los Angeles County Jail, and Edward Edelman, Peter Schabarum and Baxter Ward, as Supervisors of the County of Los Angeles, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1983.


Attorney(s) appearing for the Case

Frederick R. Bennett, Deputy County Counsel, Los Angeles, Cal., for defendants-appellees.

Fred Okrand, ACLU Foundation of Southern Cal., Los Angeles, Cal., for plaintiffs-appellants.

Before FLETCHER and NELSON, Circuit Judges, and SOLOMON, District Judge.


NELSON, Circuit Judge:

Appellants, plaintiffs in the action below, appeal from a district court order awarding $5,000 in attorney's fees under 42 U.S.C. § 1988 (Supp. IV 1980) for services rendered by their attorney, the American Civil Liberties Union, in proceedings (1) to enforce compliance with a final judgment by way of contempt and (2) to modify that judgment. In determining the fee award, the district court considered two factors that are improper considerations...

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