Vaughns v. Bd. Of Educ. Of Prince George's Cnty., 770 F.2d 1244 (4th Cir. 1985). · Go Syfert
Vaughns v. Bd. Of Educ. Of Prince George's Cnty., 770 F.2d 1244 (4th Cir. 1985). Cases Citing This Book View Copy Cite
32 citation events (5 in the last 25 years) across 17 distinct courts.
Strongest positive: Rendine v. Pantzer (nj, 1995-07-24)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Rendine v. Pantzer
N.J. · 1995 · confidence medium
While the rationales were not identical and subsequent decisions in some circuits have altered earlier holdings, during the decade before the Supreme Court’s 1987 decision in Delaware Valley II, “the federal courts [of appeals] were unanimous in awarding increased fees or in holding that the fee for contingent litigation may be increased to account for the risk that counsel will recover no fee at all.” 2 Derfner & Wolf, supra, ¶ 16.04, at 16-155; see, e.g., Copeland v. Marshall, *331 641 F.2d 880, 892-93 (D.C.Cir.1980); Wildman v. Lerner Stores Corp., 771 F.2d 605, 611-14 (1st Cir.1985)…
cited Cited as authority (rule) Child v. Spillane
4th Cir. · 1989 · confidence medium
Vaughns v. Board of Education, 770 F.2d 1244, 1245 (4th Cir.1985).
cited Cited as authority (rule) Child v. Spillane
4th Cir. · 1989 · confidence medium
Vaughns v. Board of Education, 770 F.2d 1244, 1245 (4th Cir.1985).
cited Cited as authority (rule) Spell v. McDaniel
4th Cir. · 1987 · confidence medium
Among the decisions relied upon was that of another district court of this circuit which was later affirmed by this court, see Vaughns v. Board of Education, 770 F.2d 1244, 1246 (4th Cir.1985).
discussed Cited as authority (rule) Henry Z. Spell v. Charles D. McDaniel Individually and as Patrolman, City of Fayetteville Police Department, and John P. Smith, City Manager, City of Fayetteville, and William P. Dalton, Command Sergeant, City of Fayetteville Police Department Roger T. Holman, Command Sergeant, City of Fayetteville Police Department William C. Johnson, Director of Internal Affairs Division, City of Fayetteville Police Department Daniel K. Dixon, Chief, City of Fayetteville Police Department and the City of Fayetteville, N.C., a Municipal Corporation Organized Under and Pursuant to the Laws of the State of N.C., (Three Cases). Henry Z. Spell v. Charles D. McDaniel Individually and as Patrolman, City of Fayetteville Police Department, and William P. Dalton, Command Sergeant, City of Fayetteville Police Department Roger T. Holman, Command Sergeant, City of Fayetteville Police Department William C. Johnson, Director of Internal Affairs Division, City of Fayetteville Police Department Daniel K. Dixon, Chief, City of Fayetteville Police Department John P. Smith, City Manager, City of Fayetteville and the City of Fayetteville, N.C., a Municipal Corporation Organized Under and Pursuant to the Laws of the State of N.C., Henry Z. Spell v. Charles D. McDaniel Individually, and Charles D. McDaniel Patrolman, City of Fayetteville Police Department William P. Dalton, Command Sergeant, City of Fayetteville Police Department Roger T. Holman, Command Sergeant, City of Fayetteville Police Department William C. Johnson, Director of Internal Affairs Division, City of Fayetteville Police Department Daniel K. Dixon, Chief, City of Fayetteville Police Department John P. Smith, City Manager, City of Fayetteville and the City of Fayetteville, N.C., a Municipal Corporation Organized Under and Pursuant to the Laws of the State of N.C.
4th Cir. · 1987 · confidence medium
This ruling is not challenged on appeal 21 Among the decisions relied upon was that of another district court of this circuit which was later affirmed by this court, see Vaughns v. Board of Education, 770 F.2d 1244, 1246 (4th Cir.1985).
discussed Cited as authority (rule) Pennsylvania v. Delaware Valley Citizens' Council for Clean Air (2×)
SCOTUS · 1987 · confidence medium
See, e. g., Wildman v. Lerner Stores Corp., 771 F. 2d 605, 613 (CA1 1985); Lewis v. Coughlin, 801 F. 2d 570, 573-574 (CA2 1986); Durett v. Cohen, 790 F. 2d 360, 364 , and n. 3 (CA3 1986); Vaughns v. Board of Ed. of Prince George’s County, 770 F. 2d 1244, 1246 (CA4 1985); Sims v. Jefferson Downs Racing Assn., Inc., 778 F. 2d 1068, 1084 (CA5 1985); Kelley v. Metropolitan County Bd. of Ed., 773 F. 2d 677, 683, 686 (CA6 1985) (en banc), cert. denied, 474 U. S. 1083 (1986); Moore v. Des Moines, 766 F. 2d 343 , 346 (CA8 1985), cert. denied, 474 U. S. 1060 (1986); Planned Parenthood v. Arizona, 789…
discussed Cited "see" Rahinah Ibrahim v. US Dept. of Homeland Security
9th Cir. · 2019 · signal: see · confidence high
See Vaughns by Vaughns v. Bd. of Educ. of Prince George’s Cty., 770 F.2d 1244, 1245 (4th Cir. 1985) (affirming the district court’s fee determination based on the standard of review, and not reaching whether its relatedness analysis, which focused on whether the claims arose from a common course of conduct, was accurate). 25 In opening argument at trial, Dr. Ibrahim’s attorney Elizabeth Pipkin stated: In another Homeland Security presidential directive, the president calls for the end of abuse of student visas 54 IBRAHIM V.
discussed Cited "see" Former Employees of BMC Software, Inc. v. United States Secretary of Labor
Ct. Intl. Trade · 2007 · signal: see · confidence high
See generally Vaughns v. Bd. of Educ. of Prince George’s Co., 598 F.Supp. 1262, 1278 (D.Md.1984), aff’d, 770 F.2d 1244 (4th Cir.1985) (noting that pace of case required counsel to address multiple legal and factual issues “on a nearly simultaneous basis”).
discussed Cited "see" Corbett v. Wild West Enterprises, Inc.
D. Nev. · 1989 · signal: see · confidence high
See Vaughns v. Board of Education of Prince George’s County, 598 F.Supp. 1262, 1272-74 (D.Md.1984), aff'd, 770 F.2d 1244 (4th Cir.1985); Cinevision Corp. v. City of Burbank, 745 F.2d 560, 581 (9th Cir.1984) (reduction of fees not required because claims of successful plaintiff were essentially identical to claims of unsuccessful party represented by the same attorneys; they concerned the same dispute and would have required the same amount of trial preparation regardless whether other plaintiff remained a party), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2115 , 85 L.Ed.2d 480 (1985).
discussed Cited "see" 46 Fair empl.prac.cas. 1651, 41 Empl. Prac. Dec. P 36,566, 3 indiv.empl.rts.cas. 657 Deborah Lynn Thorne, Plaintiff-Appellant/cross-Appellee v. City of El Segundo, Defendants-Appellees/cross-Appellant
9th Cir. · 1986 · signal: see · confidence high
See Vaughns v. Board of Education of Prince George's County, 598 F.Supp. 1262, 1272-74 (D.Md.1984), aff'd, 770 F.2d 1244 (4th Cir.1985); Cinevision Corp. v. City of Burbank, 745 F.2d 560, 581 (9th Cir.1984) (reduction of fees not required because claims of successful plaintiff were essentially identical to claims of unsuccessful party represented by the same attorneys; they concerned the same dispute and would have required the same amount of trial preparation regardless whether other plaintiff remained a party), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2115 , 85 L.Ed.2d 480 (1985). 53 In Thorn…
discussed Cited "see" Thorne v. City of El Segundo
9th Cir. · 1986 · signal: see · confidence high
See Vaughns v. Board of Education of Prince George’s County, 598 F.Supp. 1262, 1272-74 (D.Md.1984), aff'd, 770 F.2d 1244 (4th Cir.1985); Cinevision Corp. v. City of Burbank, 745 F.2d 560, 581 (9th Cir.1984) (reduction of fees not required because claims of successful plaintiff were essentially identical to claims of unsuccessful party represented by the same attorneys; they concerned the same dispute and would have required the same amount of trial preparation regardless whether other plaintiff remained a party), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2115 , 85 L.Ed.2d 480 (1985).
cited Cited "see" Vaughns v. BOARD OF EDUC. OF PRINCE GEORGE'S CTY.
D. Maryland · 1986 · signal: see · confidence high
See Vaughns v. Board of Education of Prince George's County, 770 F.2d 1244, 1246 (4th Cir.1985). 4 .
cited Cited "see, e.g." Chalmers v. City of Los Angeles
C.D. Cal. · 1987 · signal: see, e.g. · confidence low
See, e.g., Vaughns v. Bd. of Educ., 770 F.2d 1244 , 1246 (4th Cir.1985); Craik v. Minnesota State Univ.
discussed Cited "see, e.g." Edmonds v. United States
D.S.C. · 1987 · signal: see also · confidence low
Compare the rates approved by the court in Pacific Plumbing Supply Co. v. Crane Co., 1982-1 Trade Cases (CCH) para. 64,473 (W.D.Wash.1982) (most time at Forty Two and NO/100 ($42.00) Dollars per hour); see also rates apparently approved in Vaughns v. Bd. of Ed. of Prince George’s Cty., 770 F.2d 1244 (4th Cir.1985).
cited Cited "see, e.g." National Ass'n for the Advancement of Colored People v. Thompson
D. Maryland · 1987 · signal: see also · confidence low
See also Vaughns v. Board of Education of Prince George’s County, 598 F.Supp. 1262, 1268 (D.Md.1984), aff'd 770 F.2d 1244 (4th Cir.1985).
cited Cited "see, e.g." Dameron v. Sinai Hospital of Baltimore, Inc.
D. Maryland · 1986 · signal: see, e.g. · confidence medium
See, e.g., Vaughns v. Board of Education of Prince George’s County, 770 F.2d 1244, 1246 (4th Cir.1985).
Retrieving the full opinion text from the archive…
Sylvester J. Vaughns, Jr., by His Father and Next Friend, Sylvester J. Vaughns Toika E. Wheatfall, by Her Father and Next Friend, Walter E. Wheatfall James R.L. Brooks, Jr., by His Father and Next Friend, James R.L. Brooks Reginald Wiggs, by His Father and Next Friend, Hosea D. Wiggs Reginald A. Jackson, Jr., by His Father and Next Friend, Reginald A. Jackson Denise A. Ligon, by Her Father and Next Friend, Dennis J. Ligon, Jr. Carolyn Gilmore, by Her Father and Next Friend, Sterling K. Gilmore John A. Williams, by His Father and Next Friend, John J. Williams, Individually and on Behalf of All Other Persons Similarly Situated Jesse Alexander Eller Martha Street Eller Brendan Edward Lynch Marjorie Elaine Lynch Kenneth Phillip Whittemore Bette Ann Whittemore Arthur Emanuel Dinerman Janet Avin Dinerman Morris Edward Sampson Thelma Olinda Sampson William Raymond Leer Margaret Street Leer Leo Paul Chabot Wanda Maxine Chabot John Eugene Spaulding Bernadine Lane Spaulding National Association for the Advancement of Colored People, Prince George's County Chapter, an Unincorporated Association Mr. And Mrs. Thomas Newman Robert and Delores J. Williams Mr. And Mrs. Glenn J. Sterling and John and Florence Rosser
v.
Board of Education of Prince George's County A. James Golato, President of the Board of Education of Prince George's County and Chester E. Whiting Joanne T. Goldsmith Dr. Rodney W. Johnson Sue v. Mills Dr. J. Righton Robertson Jesse J. Warr, Jr. Phyllis E. Williams Ruth S. Wolf Members of the Board of Education of Prince George's County and Dr. Carl W. Hassel, Superintendent of Schools of Prince George's County Thomas John Grenchik Josephine Snarich Grenchik Thomas Joseph Grenchik Martin James Grenchik Robert Donkis Shirley Grace Donkis Robert Donkis, II Michael Robin Donkis Raymond Walter Jenkins, Sr. Geneva Stone Jenkins Raymond Walter Jenkins, Jr. Lorelie Lee Crabill Heidi Crechen Crabill Gwendalyn Cravens Pierce and Roderick Cravens Pierce the Honorable Marvin Mandel, Governor of the State of Maryland the Honorable Francis B. Burch, Attorney General, State of Maryland Arthur A. Marshall, Jr., State's Attorney, Prince George's County State Department of Education, State of Maryland J. Jerome Frampton, Jr., School Board President, State Department of Education and James A. Sensenbaugh, Superintendent of Schools, State Department of Education Prince George's County, Maryland Maryland State Board of Education and State of Maryland Jo Ann T. Bell, Chairman, and Edward J. Feeney, Superintendent, Board of Education of Prince George's County
85-1097.
Court of Appeals for the Fourth Circuit.
Aug 22, 1985.
770 F.2d 1244
Cited by 10 opinions  |  Published

770 F.2d 1244

38 Empl. Prac. Dec. P 35,727, 27 Ed. Law Rep. 25

Sylvester J. VAUGHNS, Jr., by his father and next friend,
Sylvester J. VAUGHNS; Toika E. Wheatfall, by her father and
next friend, Walter E. Wheatfall; James R.L. Brooks, Jr.,
by his father and next friend, James R.L. Brooks; Reginald
Wiggs, by his father and next friend, Hosea D. Wiggs;
Reginald A. Jackson, Jr., by his father and next friend,
Reginald A. Jackson; Denise A. Ligon, by her father and
next friend, Dennis J. Ligon, Jr.; Carolyn Gilmore, by her
father and next friend, Sterling K. Gilmore; John A.
Williams, by his father and next friend, John J. Williams,
individually and on behalf of all other persons similarly
situated; Jesse Alexander Eller; Martha Street Eller;
Brendan Edward Lynch; Marjorie Elaine Lynch; Kenneth
Phillip Whittemore; Bette Ann Whittemore; Arthur Emanuel
Dinerman; Janet Avin Dinerman; Morris Edward Sampson;
Thelma Olinda Sampson; William Raymond Leer; Margaret
Street Leer; Leo Paul Chabot; Wanda Maxine Chabot; John
Eugene Spaulding; Bernadine Lane Spaulding; National
Association for the Advancement of Colored People, Prince
George's County Chapter, an Unincorporated Association; Mr.
and Mrs. Thomas Newman; Robert and Delores J. Williams;
Mr. and Mrs. Glenn J. Sterling; and John and Florence
Rosser, Appellees,
v.
BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY; A. James
Golato, President of the Board of Education of Prince
George's County; and Chester E. Whiting; Joanne T.
Goldsmith; Dr. Rodney W. Johnson; Sue V. Mills; Dr. J.
Righton Robertson; Jesse J. Warr, Jr.; Phyllis E.
Williams; Ruth S. Wolf; Members of the Board of Education
of Prince George's County and Dr. Carl W. Hassel,
Superintendent of Schools of Prince George's County; Thomas
John Grenchik; Josephine Snarich Grenchik; Thomas Joseph
Grenchik; Martin James Grenchik; Robert Donkis; Shirley
Grace Donkis; Robert Donkis, II; Michael Robin Donkis;
Raymond Walter Jenkins, Sr.; Geneva Stone Jenkins; Raymond
Walter Jenkins, Jr.; Lorelie Lee Crabill; Heidi Crechen
Crabill; Gwendalyn Cravens Pierce; and Roderick Cravens
Pierce; The Honorable Marvin Mandel, Governor of the State
of Maryland; The Honorable Francis B. Burch, Attorney
General, State of Maryland; Arthur A. Marshall, Jr.,
State's Attorney, Prince George's County; State Department
of Education, State of Maryland; J. Jerome Frampton, Jr.,
School Board President, State Department of Education and
James A. Sensenbaugh, Superintendent of Schools, State
Department of Education; Prince George's County, Maryland;
Maryland State Board of Education and State of Maryland; Jo
Ann T. Bell, Chairman, and Edward J. Feeney, Superintendent,
Board of Education of Prince George's County, Appellants.

No. 85-1097.

United States Court of Appeals,
Fourth Circuit.

Submitted June 6, 1985.
Decided Aug. 22, 1985.

(Paul M. Nussbaum, Andrew W. Nussbaum, Reichelt, Nussbaum & Brown, Greenbelt, Md., George D. Solter, Gerson B. Mehlman, Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., on brief), for appellants.

(Michael Sussman, Asst. Gen. Counsel, Brooklyn, N.Y., William L. Robinson, New York City, Norman J. Chachkin, Joseph M. Hassett, William A. Bradford, Jr., John C. Keeney, Jr., Patricia A. Brannan, George H. Mernick, III, Hogan & Hartson, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

[*~1244]1

The Board of Education of Prince George's County appeals from an award of $372,942.00 in attorney's fees and costs to counsel for plaintiffs. It complains that there has been an abuse of discretion by the district judge insofar as the fee included an enhancement amount to allow for the contingency nature of representation by counsel for the plaintiffs. Our review of the record satisfies us that there was no abuse of discretion.

2

The plaintiffs' original request covered 6,053.3 hours at hourly rates ranging from $70.00 to $175.00 an hour for the several lawyers, $40.00 to $60.00 per hour for law clerks, and $35.00 to $50.00 per hour for paralegals. The average per hour rate overall worked out to $104.20 per hour. Subsequently, however, the application for an award of fees was amended by the plaintiffs to reflect elimination of all time devoted solely to unsuccessful unrelated claims. The amended request incorporated an across-the-board reduction of 27% in the number of hours for which compensation was claimed, bringing them down to approximately 4,418.9 hours. The district court thereupon proceeded to make a further reduction in billable time, allowing 3,556.58 hours for lawyers and 369.45 hours for the paralegals. All in all, the reduction in hours amounted to approximately 37% overall.

3

Having determined what he considered an appropriate number of hours, the district judge thereupon proceeded to apply his scalpel to hourly rates for fifteen lawyers who participated on the plaintiffs' behalf. In four instances, he concluded that the requested hourly rate was appropriate. For all the others, he made reductions ranging from $10.00 an hour to $45.00 an hour in the rate requested depending upon the individual attorney's expertise in the field of civil rights litigation.

4

Having thus carefully considered, on an individualized basis, the appropriateness of a lodestar fee determined by simple application of a major law firm's standard hourly fee schedule, regularly employed in setting fees for clients on a customary basis, and having achieved substantial reduction, the district judge adjusted upward the fee which had been substantially reduced so that it included an enhancement of 7 1/2% describable as a contingency fee allowance. The fee awarded was $355,550.00 (plus $17,392.00 in expenses).

5

While a contingency fee is to be reserved for the case producing exceptional success, see Blum v. Stenson, 465 U.S. 886, 104 S.Ct. 1541, 1548, 79 L.Ed.2d 891 (1984); Murray v. Weinberger, 741 F.2d 1423, 1428 (D.C.Cir.1984), the determination of when justifying exceptional circumstances exist is likewise a matter inevitably committed to the trial judge's discretion.

6

We are simply not prepared to upset the rationale behind the district judge's conclusion that there were exceptional circumstances:

7

When the suit was instituted, repetitive emphasis placed by counsel for defendants upon the impropriety of resumption of jurisdiction by this court, which threatened any and all relief, had to be coped with by plaintiffs' counsel and addressed by this court. In the face of such uncertain prospects, plaintiffs' counsel committed the substantial resources of their firm in a massive effort. In preparing this opinion, this court has had occasion to review numerous other cases involving attorney's fee issues. In none of those cases has this court noted such an intensive effort by the prevailing party over such a short period of time. In the within litigation, plaintiffs' counsel committed over 6,000 hours of time over a period of approximately ten months. The commitment of hundreds of thousands of dollars of time, not over the course of many years, as is frequently the case, but over the course of less than a year, constitutes, in this court's opinion, an "exceptional" circumstance in the context of the risk involved. Vaughns v. Board of Education of Prince George's County, 598 F.Supp. 1262, 1286 (D.Md.1984).

[*~1245]8

AFFIRMED.