HOMEWARD BOUND, INC. v. HISSOM MEMORIAL CENTER

No. 91-5006.

963 F.2d 1352 (1992)

HOMEWARD BOUND, INC., on behalf of its members; Bridget Becker, by her mother and next friend Mary Ann Becker; John Douglas Berry, by his parents and next friends John and Judy Berry; Michael Brasier, by his parents and next friends John P. and Sharon Brasier; Deminkyn Martin, by his next friend Mary Ann Becker; Julie Marie Paulson, by her next friends Paul and Susan Paulson; and Susan Marie Thompson, by her mother and next friend Barbara Thompson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. HISSOM MEMORIAL CENTER; Leon Gilbert; Robert M. Greer; Jane Hartley; John E. Orr; David Walters; Carl Ward, in their official capacities as members of the Oklahoma Commission for Human Services; Department of Health & Human Services, of the State of Oklahoma; Robert Fulton, in his official capacity as Director of the Oklahoma Department of Human Services; Burl Bartlett; E.L. Collins; George Nigh, in his official capacity as Governor of the State of Oklahoma; Barbara Johnson; Reginald Barnes; Seay Sanders; William Farha; and Albert Furr, Defendants-Appellees, and Department of Education, of the State of Oklahoma, Defendant, Lawyers' Committee for Civil Rights; American Civil Liberties Union of Oklahoma; Colorado Hispanic Bar Association; Oklahoma Trial Lawyers Association; and Oklahoma Employment Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 8, 1992.


Attorney(s) appearing for the Case

Louis W. Bullock (Patricia W. Bullock, with him on the brief) of Bullock & Bullock, Tulsa Okl., for plaintiffs-appellants.

Charles L. Waters, Gen. Counsel (Roger Stuart, Asst. Gen. Counsel, Oklahoma Dept. of Human Services, Oklahoma City, Okl., Charles A. Miller and J. Gregory Sidak of Covington & Burling, Washington D.C., with him on the brief), for defendants-appellees.

Gilbert M. Roman and Lynn D. Feiger of Feiger, Collison & Killmer, Denver, Colo., for amicus curiae Colorado Lawyers Committee.

Micheal Salem, Norman, Okl., for amicus curiae American Civil Liberties Union of Oklahoma.

Delores S. Atencio, Denver, Colo., for amicus curiae Colorado Hispanic Bar Ass'n.

John W. Coyle, III of Coyle & Henry and Marilyn D. Barringer, Oklahoma City, Okl., for amici curiae Oklahoma Trial Lawyers Ass'n and Oklahoma Employment Lawyers Ass'n.

Before McKAY, Chief Circuit Judge, LOGAN and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

The Civil Rights Attorney's Fees Awards Act of 1976 provides that, in a civil rights action, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988. The presumptively "reasonable attorney's fee" contemplated by § 1988 is the "`product of reasonable hours times a reasonable rate.'" Blum v. Stenson, 465 U.S...

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