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JOHNSON v. HUGO'S SKATEWAY

Nos. 90-2499, 90-2509.

974 F.2d 1408 (1992)

James H. JOHNSON, a/k/a James H. Ferebee; Commonwealth of Virginia, Plaintiffs-Appellees, v. HUGO'S SKATEWAY; Lois Leasing Firm, Incorporated, Defendants-Appellants. James H. JOHNSON, a/k/a James H. Ferebee; Plaintiff-Appellant, and Commonwealth of Virginia, Plaintiff, v. HUGO'S SKATEWAY; Lois Leasing Firm, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1992.

As Amended October 27, 1992.

Attorney(s) appearing for the Case

Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., argued (Paul G. Gill, Cynthia E. Hudson, on brief), for defendants-appellants.

Douglas Bruce McFadden, McFadden, Evans & Sill, Washington, D.C., argued (James A. Kline, IV, Jerusa Carl Wilson, Jr., on brief), for plaintiff-appellee Johnson.

William Mark Dunn, Asst. Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., on brief), for plaintiff-appellee Com. of Va.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG and WILLIAMS, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

A jury awarded James H. Johnson, a black male, $25,000 compensatory damages and $175,000 punitive damages for racially motivated harassment and intimidation by Hugo's Skateway, a roller skating rink in Warrenton, Virginia, in violation of § 8.01-42.1 of the Virginia Code. In addition, the district court awarded $15,654 for attorneys fees and expenses, although Johnson had filed requests for almost $138,000. On appeal...

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