Barbara Jean Samuel, and v. Kent Benedict, And

Samuel appeals the district court’s denial of attorney’s fees in her action for damages based on defendant’s violations of the Civil Rights Act of 1886, 42 U.S.C. § 1982 and the Fair Housing Act of 1968, 42 U.S.C. §§ 3601-3631 . We affirm.

Samuel alleged in the district court that defendant had refused to rent to her because she was black. The jury returned a verdict for her awarding compensatory damages of $2,000 and punitive damages of $500. Following trial, Samuel made a motion to amend the judgment to include the name of one defendant and for an award of attorney’s fees pursuant to 42 U.S.C. § 3612 (c). Section 3612(c) allows recovery of reasonable attorney’s fees for a prevailing plaintiff

The district court denied the fees because a contingent fee agreement reached between Samuel and her attorney prior to the litigation made her “financially able to assume said attorney’s fees.” We hold that this ruling is consistent with the cases which have construed § 3612(c) and is mandated by its legislative history.

The concern of Congress in enacting § 3612(c) was that a litigant not be discouraged from bringing a civil rights suit because of the financial burden of the resulting…