Johnny L. Spain v. Louis Mountanos, and Kenneth Cory, Controller, of the State of California

This is an appeal by the Controller of the State of California, Kenneth Cory, from an order of the district court directing him to issue a warrant on the State Treasurer for payment of-attorney’s fees owed to appellees as the prevailing party under 42 U.S.C. § 1988 . The district court issued the order after the State legislature refused to appropriate the money for the award. In this appeal Cory claims that the district court erred in invoking its equitable authority under Rule 70 of the Federal Rules of Civil Procedure to enforce the judgment, that State law prohibits the Controller from taking the action the court directed, and that the district court erred in awarding attorney’s fees expended in collecting the original award as well as interest on the award. We affirm.

I. FACTS

Appellees brought this action in 1973 alleging unconstitutional conditions of confinement at San Quentin State Prison. After a lengthy trial, the district court entered a broad ranging injunction against certain prison practices. Spain v. Procunier, 408 F.Supp. 534 (N.D.Cal.1976). On appeal this court affirmed in part and reversed in part. Spain v. Procunier, 600 F.2d 189 (9th Cir. 1979). Upon remand,…