Carson
Carson v. Billings
Opinion
Opinion
I. Facts
The dispute arises out of a sex discrimination claim by Kathy Carson against the Billings, Montana Police depart- ment and several individuals. She prevailed, in state and fed- eral tribunals. After a six day hearing, a state administrative law judge found in her favor, and ordered relief, which was increased on appeal. After the agency’s final decision was rendered, Carson filed this 42 U.S.C. § 1983 action, which the parties settled except for attorneys’ fees. The district court ini- CARSON v. BILLINGS POLICE DEPARTMENT 19223 tially denied attorneys’ fees on the ground that Carson was not a “prevailing party” in the federal case, but we reversed and remanded for determination of an appropriate fee award.1 The case now comes back on Carson’s attorney’s appeal, claiming that the fee award was inadequate.
II. Analysis
Appellant sought $122,857.12 in attorneys’ fees and costs, and was awarded $85,992.94. Appellant makes two argu- ments, that the district court abused its discretion in calculat- ing and explaining the hourly rate it used in the lodestar calculation, and in striking some hours as not reasonably spent on the case.