Jimenez
Jimenez v. Franklin
Opinion
Opinion
Clifton, J.
Anthony Albert Jimenez appeals from the district court’s orders granting full satisfactions of judgment as to defendants John Franklin, Gilbert Duron, and Ryan Bergner. Franklin, Duron, and Bergner, along with co-defendant Gabriel Frank Gonzalez, were found to have violated Jimenez’s civil rights and held liable for damages under 42 U.S.C. § 1983 . The district court awarded attorney’s fees and ordered that all four defendants were jointly' and severally liable for the fees. Defendants Franklin, Duron, and Bergner appealed the judgment, including the fee award, but did not challenge the order that they were jointly and severally liable for fees. This court affirmed. Thereafter those three defendants returned to district court and obtained satisfactions of judgment after paying less than the full amount of the fee award, based on an argument that 42 U.S.C. § 1997e(d)(2), enacted pursuant to the Prison Litigation Reform Act of 1995 (“PLRA”), limited each individual defendant’s attorney’s fee liability to 150 percent of the compensatory damages award.ed against that individual.
We hold that the defendants’ failure in the first appeal to challenge the district court’s order…