MILLER v. COMMISSIONER OF CORRECTION

No. 92-P-665.

36 Mass. App. Ct. 114 (1994)

629 N.E.2d 315

SHERMAN MILLER vs. COMMISSIONER OF CORRECTION & others.

Appeals Court of Massachusetts, Plymouth.

February 28, 1994.


Attorney(s) appearing for the Case

Sherman Miller, pro se.

Nancy W. Geary, Assistant Attorney General, for the Defendants.

Present: DREBEN, KAPLAN, & GILLERMAN, JJ.


DREBEN, J.

The issue to be decided is whether the pro se plaintiff who hired and paid for standby counsel to assist him in this civil rights action is entitled to reasonable attorney's fees for such counsel. A judge of the Superior Court concluded that the plaintiff did not sustain his burden of justifying an award of attorney's fees. We reverse and remand for further proceedings.

The claim for attorney's fees is based on 42 U.S.C. § 1988 (1982), which...

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