14-G. Attorneys' Fees
The PLRA limits the attorneys' fees prisoners can recover. These limitations do not directly affect you if you are moving forward pro se, but they do affect your ability to get a lawyer.
Recovery of attorneys' fees under 42 U.S.C. §1988508 are barred in "any action brought by a prisoner"509 except when the fees are "directly and reasonably incurred in proving an actual violation of the plaintiff's rights" under a statute that allows fees to be awarded.510 It is unclear whether this provision also applies in cases that are settled instead of going to trial. Several courts have held that suits that are settled may allow an award of fees if there are findings of legal violation, or a record that suggests there was a violation of the plaintiff's rights, when the suit is seeking an injunction.511 Thus, while a plaintiff does not need to win a case to be eligible for fee awards, the case must relate to proving a violation of his rights.512 Fees may also be awarded if they are "directly and reasonably incurred in enforcing the relief ordered for the violation."513 The statute says that fees must be "proportionately related to the court ordered relief for the violation,"514 but does not define what "proportionate" means; therefore, the court will determine what fees should be awarded. Defendants may be required to pay fee awards of up to 150 percent of any damages awarded-but no more.515
Hourly rates for lawyers' fees are limited to 150 percent of the Criminal Justice Act ("CJA") rates for criminal defense representation set in 18 U.S.C. §3006A.516 Unfortunately, this rate is much lower than the market rates most lawyers usually charge, and the amount usually awarded in non-prisoner cases, and it probably discourages many lawyers from taking prisoners' cases.517
Prisoners are more directly affected by the...
