Michael Fitzharris v. Charles L. Wolff, Warden, and William Lattin, Warden

Nevada prison authorities appeal from a judgment granting plaintiff Fitzharris’ motion for attorney’s fees under 42 U.S.C. § 1988 (Supp.1980). We affirm.

I. The Facts.

Fitzharris was serving a ten-year sentence at Southern Nevada Correctional Center. On May 13, 1980, he was accused at a disciplinary hearing of destruction of property and burglary of the prison infirmary. The Correctional Center Classification Committee recommended that he be transferred to Nevada State Prison at Carson City. On May 15, he sent a handwritten letter to the district court, in which he said that, if he were transferred to the State Prison, he would be killed by some of the inmates there.

Upon receiving the letter, the district judge treated it as a complaint under 28 U.S.C. § 1343 or a petition under 28 U.S.C. § 2254 , issued a temporary restraining order prohibiting transfer of Fitzharris to State Prison, set a hearing for May 23, and appointed attorney Robert P. Dickerson as counsel for Fitzharris.

Attorney Dickerson filed affidavits and points and authorities in support of the petition and of a motion for a preliminary injunction. He appeared at the hearing on May 23, filed another affidavit,…