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WILKINS v. GADDY

No. 12-8148.

734 F.3d 344 (2013)

Jamey Lamont WILKINS, Plaintiff-Appellant, v. Officer GADDY, Defendant-Appellee, United States of America, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: November 1, 2013.

Attorney(s) appearing for the Case

ARGUED: David Alexander Strauss , North Carolina Prisoner Legal Services, Raleigh, North Carolina, for Appellant. Kimberly D. Grande , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. Jonathan Heuer Levy , United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: Roy Cooper , North Carolina Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. Anne Tompkins , United States Attorney, Charlotte, North Carolina, Stuart F. Delery , Principal Deputy Assistant Attorney General, Barbara L. Herwig , Civil Division, United States Department of Justice, Washington, D.C., for Intervenor.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge FLOYD joined.

WILKINSON, Circuit Judge:

Plaintiff is a state prisoner who challenges the constitutionality of 42 U.S.C. § 1997e(d)(2), a part of the Prison Litigation Reform Act of 1995 (PLRA), as violating his right to equal protection of the laws under the Fifth Amendment's Due Process Clause. The challenged provision caps the attorneys' fee award that a successful prisoner litigant may recover from the government in a civil rights action at 150 percent of the value of the...

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