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JOHNSON v. DALEY

Nos. 00-3981, 00-4115.

339 F.3d 582 (2003)

Cedric JOHNSON, Plaintiff-Appellee, v. George M. DALEY, Defendant-Appellant, and United States of America, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Reargued April 8, 2003.

Decided August 19, 2003.

Attorney(s) appearing for the Case

David J. Harth (argued), Heller, Ehrman, White & McAulifee, Madison, WI, for Plaintiff-Appellee.

Robert M. Hunter, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, Jonathan H. Levy (argued), Department of Justice Civil Division, Appellate Section, Washington, D.C. for Defendant-Appellant.

Randall C. Berg, Jr., Florida Justice Institute, Inc., for Amicus Curiae.

Before FLAUM, Chief Judge, and POSNER, COFFEY, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, EVANS, and WILLIAMS, Circuit Judges.

Reargued En Banc April 8, 2003.

EASTERBROOK, Circuit Judge.

Section 803(d) of the Prison Litigation Reform Act, codified at 42 U.S.C. § 1997e(d), sets both absolute and relative limits on attorneys' fee shifting. The district court held these limits unconstitutional because they disadvantage prisoners compared with other plaintiffs, whose recoveries under 42 U.S.C. § 1988(b) in constitutional-tort litigation...

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