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INMATES OF ALLEGHENY COUNTY JAIL v. PIERCE

No. 82-5641.

716 F.2d 177 (1983)

INMATES OF the ALLEGHENY COUNTY JAIL; Thomas Price Bey, Arthur Coslee, Harry Smith, Robert Malone, and Calvin Milligan on their own behalf and on behalf of all others similarly situated v. Robert PIERCE, Chairman, Allegheny County Board of Prison Inspectors and all other members of the Board; James Jennings, Warden of the Allegheny County Jail; James Flaherty, Robert Pierce and Thomas Foerster, Commissioners for Allegheny County; John P. Lynch, Controller for Allegheny County; Eugene Coon, Sheriff for Allegheny County; the Honorable Henry Ellenbogen, the Honorable John W. O'Brien, the Honorable Samuel Strauss, and the Honorable Patrick R. Tamilia, Judges of Court of Common Pleas of Allegheny County; and Peter Flaherty, Mayor of the City of Pittsburgh. Appeal of Robert PIERCE, Chairman, Allegheny County Board of Prison Inspectors, and all other members of the Board; James Jennings, Warden, Allegheny County Jail; and James Flaherty, Robert Pierce and Thomas Foerster, Commissioners for Allegheny County.

United States Court of Appeals, Third Circuit.

Decided August 29, 1983.

Attorney(s) appearing for the Case

James H. McLean, County Sol., Dennis R. Biondo, Asst. County Sol. (argued), Allegheny County Law Dept., Pittsburgh, Pa., for appellants.

Thomas J. Henderson, Daniel L. Haller, Timothy P. O'Brien (argued), Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for appellees.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Appellees successfully prosecuted a federal civil rights action and were subsequently awarded an attorney's fee. Title 42 U.S.C. § 1988 provides that, in such cases, the district court may, "in its discretion," allow the prevailing party such an award. The principal question presented on appeal is whether the district court, in exercising its discretion, must...

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