Blanchard v. Bergeron et al. (489 U.S. 87)
U.S. Supreme Court · decided February 21, 1989 · Supreme Court Database (Spaeth)
- Citation
- 489 U.S. 87 · 109 S. Ct. 939
- Decided
- February 21, 1989
- Term
- October Term 1988
- Vote
- 9–0
- Majority author
- Justice White
- Issue area
- Attorneys
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice White delivered the opinion of the Court. The issue before us is whether an attorney’s fee allowed under 42 U. S. C. § 1988 is limited to the amount provided in a contingent-fee arrangement entered into by a plaintiff and his counsel. I Petitioner Arthur J. Blanchard brought suit in the United States District Court for the Western District of Louisiana alleging violations of his civil rights under 42 U. S. C. § 1983. Blanchard asserted that he was beaten by Sheriff’s Deputy James Bergeron while he was in Oudrey’s Odyssey Lounge. Blanchard brought his claim against the deputy, the sheriff, and the St. Martin Parish Sheriff’s Department. He also joined with his civil rights claim a state-law negligence claim against the above defendants and against the owners and a manager of the lounge and the lounge itself. The case was tried and a jury awarded Blanchard compensatory damages in the amount of $5,000 and punitive damages in the amount of $5,000 on his § 1983 claim. Under the provisions of 42 U. S. C. § 1988, which permit the award of attorney’s fees to a prevailing party in certain federal civil rights actions, Blanchard sought attorney’s fees and costs totaling more than $40,000. The District Court, after reviewing the billing and cost records furnished by counsel, awarded $7,500 in attorney’s fees and $886.92 for costs and expenses. Petitioner appealed this award to…
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