Taylor v. Sterrett

This case was originally brought as a challenge to conditions in the Dallas County, Texas, jail system. Once more it appears here after protracted litigation over a period of nearly ten years, including four previous appeals to this Court. After the final appellate decision on the merits, the District Court awarded fees to John Jordan, an attorney for the plaintiff class, for time spent on the case from June 11, 1974, to July 30, 1979. It denied an award of fees to Dallas Legal Services Foundation, Inc. (hereinafter DLSF) and to NAACP Legal Defense and Educational Fund, Inc. (hereinafter LDF), two organizations which had also participated to some extent in behalf of the plaintiff class. The defendants, the Commissioners Court of Dallas County, challenge the award of fees to Jordan on grounds that (1) the District Court had no jurisdiction to award fees while the case was on appeal; (2) only supplemental enforcement proceedings were pending on the effective date of § 1988; (3) plaintiffs did not prevail in these proceedings; and (4) if plaintiffs could be considered to have prevailed in the supplemental proceedings, Jordan should only recover fees for time spent between June 11, 1974, and December 31, 1976. DLSF and LDF cross appeal, arguing that (1) non-profit legal service organizations, including federally-funded projects, may recover fees on the same basis as private attorneys; (2) the District Court failed to make findings on the criteria set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974); and (3) there are no special circumstances warranting denial of fees.