Halderman v. Pennhurst State Sch. & Hosp.

No. 94-1674 (3d Cir. Mar. 2, 1995) ; Clearinghouse Number: 12902

Description

Third Circuit Reduces Fee Award in Challenge to Pennsylvania’s Provision of Medical Care to Persons with Mental Retardation

Abstract

The Third Circuit has reduced plaintiffs’ award for attorney fees and expenses in this action seeking appropriate medical care for persons with mental retardation. The parties reached a settlement in 1985. In 1987, plaintiffs sought an order holding defendant state officials in contempt for failing to adhere to the terms of the consent decree. Extended efforts to settle resulted in an agreement in 1991. However, this also failed to resolve the dispute, and plaintiffs renewed their 1987 motion. In 1993, the court found defendants in contempt, and plaintiffs subsequently moved for fees and expenses. The court ordered defendants to pay plaintiff Association of Retarded Citizens of Pennsylvania $222,239 in fees and expenses, and defendants appealed. The Third Circuit held that time plaintiff’s counsel spent writing press releases, speaking with reporters, and otherwise publicizing the contempt motion was not compensable. Holding that the proper forum for litigation is the courtroom, not the media, the appellate court found it inappropriate to allow public relations expenses while the case was pending before the district court judge who had approved the consent decree and subsequent settlement agreement. The court also disallowed fees for time lead counsel spent accompanying nontestifying experts on various site visits; it concluded that this work could have been delegated to nonprofessional assistants. Finding no evidence of the necessity for the nontestifying experts’ consultations, the court also disallowed fees for their expenses. In addition, the court reduced the fee award for time counsel spent consulting with those experts. However, the court rejected defendants’ motion for an across-the-board reduction in plaintiff’s request for fees. Accordingly, the court reduced plaintiff’s fee award by $67,505.

Additional Information

Attorney Information
Frank Laski, Judith Gran, Public Interest Law Center of Philadelphia, 125 S. 9th St., Philadelphia, PA 19107, (215) 627-7100.
Docket Date
1995-03-02 00:00:00+00:00

Files

No files available.

Filed under: