ALEXANDER S. v. BOYD

Nos. 96-1950, 96-2589.

113 F.3d 1373 (1997)

ALEXANDER S.; Alfred S.; Benny B.; Christopher M.; Lafayette M.; Ricky S., by and through their Guardian ad Litem; Lesly A. Bowers, Guardian ad Litem, Plaintiffs-Appellees, and Inez Moore Tenenbaum, individually and as a representative of a class of juveniles, Plaintiff, v. Flora Brooks BOYD, individually and in her official capacity as Director of the Department of Juvenile Justice, Defendant-Appellant, and Richard E. McLawhorn, individually and in his official capacity as former Commissioner of the Department of Juvenile Justice for the State of South Carolina; John F. Henry; Frank Maudlin; Kathleen P. Jennings; Joseph W. Hudgens; Karole Jensen; J.P. Neal, individually and in their official capacities as former Board Members for the South Carolina Department of Juvenile Justice; South Carolina Department of Youth Services, Defendants, Michael W. Moore, Director of the South Carolina Department of Corrections, Party in Interest, v. Richard A. HARPOOTLIAN, in his official capacity as the Solicitor for the Fifth Judicial Circuit, Amicus Curiae-Movant. Thomas DAVIS, Special Master, Alexander S.; Alfred S.; Benny B.; Christopher M.; Lafayette M.; Ricky S., by and through their Guardian ad Litem; Lesly A. Bowers, Guardian ad Litem, Plaintiffs-Appellees, and Inez Moore Tenenbaum, individually and as a representative of a class of juveniles, Plaintiff, v. Flora Brooks BOYD, Defendant-Appellant, Richard A. Harpootlian, in his official capacity as the Solicitor for the Fifth Judicial Circuit, Movant, and Richard E. McLawhorn, individually and in his official capacity as former Commissioner of the Department of Juvenile Justice for the State of South Carolina; John F. Henry; Frank Maudlin; Kathleen P. Jennings; Joseph W. Hudgens; Karole Jensen; J.P. Neal, individually and in their official capacities as former Board Members for the South Carolina Department of Juvenile Justice; South Carolina Department of Youth Services, Defendants, Michael W. Moore, Director of the South Carolina Department of Corrections, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1997.


Attorney(s) appearing for the Case

ARGUED: Edward Mobley Woodward, Jr., Woodward, Cothran & Herndon, Columbia, SC, for Appellant. W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, SC, for Appellees. ON BRIEF: Carolyn C. Matthews, Woodward, Cothran & Herndon, Columbia, SC, for Appellant. Rochelle Romosca McKim, Fairey, Parise & Mills, P.A., Columbia, SC; Nancy C. McCormick, Protection and Advocacy for People with Disabilities, Inc., Columbia, SC; Lesly A. Bowers, Columbia, SC, for Appellees.

Before MURNAGHAN, WILLIAMS, and MOTZ, Circuit Judges.


Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion. Judge MOTZ wrote a separate opinion in which she concurred in Parts I., II., III.A. and C., IV., and in the judgment. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

In this appeal we must decide whether the recently enacted limitations on attorney's fee awards set forth in § 803(d) of the Prison Litigation...

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