Schneider
Schneider v. County of San Diego
Opinion
Lead Opinion
MEMORANDUM *
In these consolidated appeals, Louis Schneider challenges the district court’s award of fees and costs pursuant to 42 U.S.C. § 1988 . Schneider also requests fees for these appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
After over a year of fee litigation, the district court awarded Schneider $305,617.30 out of his requested $707,375.74 in attorney’s fees and expenses *879 in a case where the total amount of the underlying judgment was $67,795.50. In cases brought under 42 U.S.C. § 1988 (b), “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee.... ” 42 U.S.C. § 1988 (b). The district court followed the well-established procedure for determining reasonableness by analyzing the lodestar for those fees. See Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983). We review the award for an abuse of discretion, noting that the district court may “in rare cases ... make upward or downward adjustments to the presumptively reasonable lodestar” on the basis of a series of factors, including the delay in payment and the plaintiffs overall success in pursuing the…