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MONTCALM PUB. CORP. v. COMMONWEALTH OF VIRGINIA

No. 99-6308.

199 F.3d 168 (1999)

MONTCALM PUBLISHING CORPORATION, Plaintiff-Appellant, and Donald Arlis Hodges; Michael Glynn Flora, Plaintiffs, v. COMMONWEALTH OF VIRGINIA; Ronald Angelone, in his official capacity as Director of the Department of Corrections of the Commonwealth of Virginia; R.J. Beck; J. Horton; R.A. Young; E.C. Morris; Ms. Summers; John Doe, 1—7, in their official capacities such fictitious names being designed to identify those VDOC employees whose true identities are now unknown to plaintiff-intervenor, but who serve as (a) members of the VDOC Publication Review Committee, (2) Warden or Superintendent of Keen Mountain Correctional Center (KMCC), and (3) functional KMCC mailroom censor; J. Phippin; Mr. Beck, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 1999.

Attorney(s) appearing for the Case

ARGUED: Keith S. Orenstein, Orenstein & Orenstein, P.C., New York, New York, for Appellant. Mark Ralph Davis, Senior Assistant Attorney General, Criminal Division, Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Mark L. Earley, Attorney General, Criminal Division, Office of the Attorney General, Richmond, Virginia, for Appellees.

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Senior Judge BUTZNER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal presents questions as to whether, and to what extent, the limits on attorney's fees in the Prison Litigation Reform Act govern fees sought by a non-prisoner who intervenes in a case originally brought by a prisoner. We agree with the district court that the Act's fee...

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