D. Oregon cuts prisoner rights fee award 64.5%, including for clerical work

What happened

The fee applicant sought $74,055 in attorneys' fees under 42 U.S.C. § 1988. The court awarded $26,250, a reduction of $47,805 or 64.5%. It excluded 1.5 hours of clerical work billed as legal work and 4.6 hours attributed to unsuccessful claims. It reduced the hourly rates for the two attorneys, applying the PLRA cap and finding the requested rate unsupported by information about market rates and qualifications. The award was limited by the statutory cap tied to the monetary judgment.

What the court said

Those clerical entries total 1.5 hours and are excluded from the lodestar amount.

The court also reduced the award for: unrelated claims, hourly rate reduced, hourly rate reduced, other.

Why it matters

The ruling shows courts will separate clerical tasks from legal work and remove time tied to unsuccessful claims before calculating the lodestar. It also shows that statutory rate caps and the relationship between the fee award and the judgment can control the final amount, so time records must support both the tasks billed and the rates claimed.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the D. Oregon approves and attorney fee motions in Oregon federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.