Note by Michael J. Farley
Eckerhart and others brought suit on behalf of all persons involuntarily confined to the Forensic Unit of the Fulton State Hospital in Fulton, Missouri. The amended one-count complaint against Hensley and other officials of the Forensic Unit challenged the constitutionality of treatment and conditions at the hospital. The district court held that an involuntarily committed patient has a constitutional right to minimally adequate treatment and found constitutional violations in five of the six general areas raised by plaintiffs. Eckerhart later filed a request for attorneys' fees under 42 U.S.C. § 1988, claiming an award of between $195,000 and $225,000. Defendants opposed this request on numerous grounds, one of which was the inclusion of hours spent in pursuit of unsuccessful claims. After determining that Eckerhart was the prevailing party because he had obtained a favorable judgment on five of six claims, the district court refused to eliminate from the award hours spent on unsuccessful claims. Plaintiffs were awarded attorneys' fees in the amount of $133,332.25. The Court of Appeals for the Eighth Circuit affirmed the award. The United States Supreme Court vacated and remanded for further proceedings, finding that the district court had failed to properly consider the relationship between the degree of success and the amount of the fee award. The Court held that the extent of a plaintiff's success is a crucial factor in determining the proper amount of an award for attorneys' fees under 42 U.S.C. § 1988. Hensley v. Eckerhart, 461 U.S. 424 (1983).
About the Author
Michael J. Farley.
Citation
59 Tul. L. Rev. 473 (1984)