Eleventh Amendment immunity does not bar attorney fees ancillary to prospective relief, and reasonable fees under 42 U.S.C. § 1988 include paralegal services billed at prevailing market rates.
In a school desegregation case, the court addressed whether a State is barred by the Eleventh Amendment from paying attorney's fees enhanced for delay in payment and whether paralegals should be compensated at market rates. The court holds that the Eleventh Amendment does not prohibit fee enhancements for delay because such fees are ancillary to prospective relief and constitute costs rather than retroactive damages. Furthermore, the court determines that a reasonable attorney's fee under 42 U.S.C. § 1988 includes the work product of paralegals and law clerks, which should be compensated at prevailing market rates if such billing is the local custom.
At page 288 Permitting market rates for paralegal work under fee-shifting statutes222 citing casespurely clerical or secretarial tasks should not be billed at a paralegal rate [(or at a lawyer rate)], regardless of who performs them,” although “non-legal work may command a lesser rate.
- Balboa Capital Corp. v. Okoji Home Visits MHT LLC, No. 3:18-cv-00898 (N.D. Tex. July 29, 2024).([P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.)
- Gessele v. Jack In The Box Inc., No. 3:14-cv-01092 (D. Or. Apr. 14, 2024).(By encouraging the use of lower cost paralegals rather than attorneys wherever possible . . . encourages cost-effective delivery of legal services and . . . [reduces] the spiraling cost of . . . litigation.)
- Barnett v. Soc. Sec. Admin., Comm'r of, No. 2:19-cv-02675 (D. Kan. Dec. 16, 2020).(purely clerical or secretarial tasks should not be billed at a paralegal rate [(or at a lawyer rate)], regardless of who performs them,” although “non-legal work may command a lesser rate.)
- Nat'l Roofing Indus. Pension Fund v. JIC Constr., LLC, No. 3:23-cv-00561 (D. Or. May 16, 2025).Or. Sept. 16, 2014) (disallowing, on default judgment, all fees for legal assistant because “all of her work was clerical in nature”); Missouri v. Jenkins by Agyei, 491 U.S. 274 , 288 n.10 (1989) (“[P]urely clerical or secretarial tasks sh…
- United States v. Pathway of Baldwin Cnty., LLC, No. 1:17-cv-00355 (S.D. Ala. Mar. 21, 2025).Ala. Apr. 3, 2020) (citing Missouri v. Jenkins, 491 U.S. 274 , 288 at note 10 (1989) (“purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them [ ]”)).
- Valley Nat'l Bank v. Czapla (MAG+), No. 2:20-cv-00961 (M.D. Ala. May 3, 2023).Yates, 2022 WL 2308292 , at *8 (citing Missouri v. Jenkins, 491 U.S. 274 , 288 n.10 (1989) (“purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them[ ]”).4 The Court recognizes that th…
- Delaughter v. Woodall, No. 1:14-cv-00018 (S.D. Miss. July 6, 2022).
- Mglej v. Garfield Cnty., No. 2:13-cv-00713 (D. Utah June 8, 2022).
- J W v. Metro. Sch. Dist. of Warren Cnty., No. 4:19-cv-00044 (N.D. Ind. Sept. 30, 2021).
- Rudy Lemus v. Burnham Painting & Drywall Cor, 426 F. App'x 543 (9th Cir. 2011).unpublished
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At page 285 Including paralegal time in reasonable attorney fees93 citing casesIn determining how other elements of the attorney's fee are to be calculated, we have consistently looked to the marketplace as our guide to what is ‘reasonable’
- Bd Trst Loc 25 v. JPR Inc, No. 97-7040 (D.C. Cir. Feb. 27, 1998).published (finding that an award of a "reasonable attorney's fee" under 42 U.S.C. s 1988 may include the services of paralegals)
- Lambert v. Herrington, No. 1:19-cv-00854, 2023 WL 5278857 (S.D. Ala. Aug. 16, 2023).(the ‘reasonable attorney's fee’ provided for by statute should compensate the work of paralegals, as well as that of attorneys)
- Roop v. Kijakazi, No. 1:20-cv-01116 (S.D. Ind. Jan. 26, 2023).(Clearly, a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar. Rather, the term must refer to a reasonable fee for the work product of an attorney. . .…)
- United Rentals (north Am.), Inc. v. Liberty Mut. Fire Ins. Co., No. 2:19-cv-17169 (D.N.J. Oct. 14, 2022).unpublished(We thus take as our starting point the self-evident proposition that the ‘reasonable attorney's fee’ provided for by statute should compensate the work of paralegals, as well as that of attorneys.)
- McNulty v. The Middle East Forum, No. 2:20-cv-02945 (E.D. Pa. Jan. 24, 2022).(In determining how other elements of the attorney's fee are to be calculated, we have consistently looked to the marketplace as our guide to what is ‘reasonable’)
- Mcnulty v. The Middle East Forum, No. 2:19-cv-05029 (E.D. Pa. Jan. 24, 2022).(In determining how other elements of the attorney's fee are to be calculated, we have consistently looked to the marketplace as our guide to what is ‘reasonable’)
- Laborers' Int'l Union of North Am. v. Brand Energy Servs., LLC, No. 2009-0620 (D.D.C. Oct. 25, 2010).published(Thus, the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to the work product for which an attorney bills her cli…)
- Astrue v. Ratliff, 560 U.S. 586 (2010).published (We . . . take as our starting point the self-evident propo sition that the ‘reasonable attorney’s fee’ provided by [ 42 U. S. C. §1988 ] should compensate” for “the work product of an attorney)
- Wilder v. Bernstein, 725 F. Supp. 1324 (S.D.N.Y. 1989).published
- West Virginia Univ. Hospitals, Inc. v. Casey, 499 U.S. 83 (1991).published
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- Tondalaya Evans v. Books-A-Million, 762 F.3d 1288 (11th Cir. 2014).published
- Consolo v. George, No. 94-1202 (1st Cir. July 5, 1995).published
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- In Re Trans Union Corp. Privacy Litig., 629 F.3d 741 (7th Cir. 2011).published
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- Untitled Texas Attorney Gen. Opinion, No. JC-364 (Tex. Att'y Gen. July 2, 2001).published
- Robertson v. Biby, No. 17-3068 (10th Cir. Dec. 15, 2017).unpublished
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- Roneca Echols v. Express Auto, Inc., 857 F. App'x 224 (6th Cir. 2021).unpublished
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- Batista v. Comm'r of Soc. Sec., No. 8:21-cv-01302 (M.D. Fla. Aug. 8, 2022).
- Callari v. Comm'r of Soc. Sec., No. 6:21-cv-01932 (M.D. Fla. Aug. 16, 2022).
- Jones v. Comm'r of Soc. Sec., No. 8:22-cv-00172 (M.D. Fla. July 18, 2023).
- Burberry Ltd., a United Kingdom Corp. v. Marvel Yarbrough, No. 1:20-cv-06909 (N.D. Ill. Nov. 17, 2021).
- Ingram v. Comm'r of Soc. Sec., No. 3:19-cv-01187 (N.D. Ind. Nov. 8, 2021).
- Lynch v. Kijakazi, No. 1:20-cv-00323 (S.D. Ind. Sept. 2, 2021).
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- Sullivan v. Selene Fin., LP, No. 1:16-cv-11719 (D. Mass. Feb. 9, 2022).
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- Dunigan v. Mississippi Valley State Univ., No. 4:19-cv-00033 (N.D. Miss. Sept. 24, 2021).
- Delaughter v. Woodall, No. 1:14-cv-00018 (S.D. Miss. July 6, 2022).
- Brown v. Jacobsen, No. 6:21-cv-00092, 2022 WL 2452230 (D. Mont. July 6, 2022).
- United Food & Com. Workers' Union, Local No. 293 v. Noah's Ark Processors, LLC, No. 8:18-cv-00466 (D. Neb. Sept. 17, 2020).
- Local No 499, Bd. of Trs. of Shopmen's Pension Plan v. Art Iron, Inc., No. 3:19-cv-02174 (N.D. Ohio Dec. 20, 2022).
- Victory v. Berks Cnty., No. 5:18-cv-05170 (E.D. Pa. Apr. 7, 2020).
- Buettner, III v. Residential Funding Corp., No. 22-02015 (Bankr. E.D. Cal. Mar. 8, 2024).unpublished
- Valenzuela v. Ruby J Farms LLC, No. 4:21-cv-00442 (D. Ariz. July 9, 2024).
- M.I. v. North Hunterdon-voorhees Reg'l High Sch. Dist. Bd. of Educ., No. 3:20-cv-00870 (D.N.J. Nov. 9, 2022).
- Mglej v. Garfield Cnty., No. 2:13-cv-00713 (D. Utah June 8, 2022).
- Bethune-Hill v. Virginia State Bd. of Elections, No. 3:14-cv-00852 (E.D. Va. Sept. 17, 2020).
- Coffelt, Soraya Diase v. Fawkes, No. 1:14-cv-00025 (D.V.I. Mar. 22, 2023).
- Fischer, John v. Berryhill, Nancy, No. 3:17-cv-00327 (W.D. Wis. Oct. 21, 2019).
- Nichols, Zachary v. Berryhill, Nancy, No. 3:17-cv-00537 (W.D. Wis. Feb. 7, 2020).
- Banis, Dominic v. Saul, Andrew, No. 3:20-cv-01107 (W.D. Wis. Sept. 15, 2022).
- Branch Banking & Trust Co. v. Meridian Holding Co., LLC, No. 3:18-cv-00486 (S.D. W. Va. May 26, 2020).
- Betancourt-Colon v. Supermercados Maximo, Inc., No. 3:22-cv-01548 (D.P.R. Jan. 14, 2025).
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- Maxus Metro., LLC v. Travelers Prop. Cas. Co., 148 F.4th 999 (8th Cir. 2025).published
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- Cheryl Shockley v. Ascend Loans, LLC, Benhti Econ. Dev. Corp., & W6LS, Inc.; Eugene Craig v. AWL, II, Inc., Benhti Econ. Dev. Corp., & W6LS, Inc., No. 3:24-cv-00424 (W.D. Wis. Mar. 24, 2026).
- Cruz, No. 6:25-cv-01531 (M.D. Fla. June 29, 2026).
- Del Biaggio v. Bansen, No. A174647 (Cal. Ct. App. July 10, 2026).published
- McClean, No. 3:25-cv-01412 (M.D. Fla. Aug. 10, 2026).
- BBK Tobacco & Foods LLP v. Cent. Coast Agric. Inc., et al., No. 2:19-cv-05216 (D. Ariz. Aug. 20, 2026).
- Johns, No. 3:25-cv-00886 (M.D. Fla. Aug. 31, 2026).
- Cook v. Brown, 6 Vet. App. 226 (Vet. App. 1994).published“We thus take as our starting point the self-evident proposition that the ‘reasonable attorney’s fee’ provided for by statute [there the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988 ] should compens…”
- Rodriguez ex rel. Est. of Rodriguez v. Sec'y of Health & Human Servs., 91 Fed. Cl. 453 (Fed. Cl. 2010).published“In determining how other elements of the attorney’s fee are to be calculated, we have consistently looked to the marketplace as our guide to what is ‘reasonable.’”
- Tobin v. Haverford Sch., 936 F. Supp. 284 (E.D. Pa. 1996).published“In determining how other elements of the attorney's fee are to be calculated, we have consistently looked to the marketplace as our guide to what is 'reasonable.'”
- Tabech v. Gunter, 869 F. Supp. 1446 (D. Neb. 1994).published“[W]e have consistently looked to the marketplace as our guide to what is ‘reasonable.’”
- Laborers' Int'l Union v. Brand Energy Servs. LLC, 746 F. Supp. 2d 121 (D.D.C. 2010).published“Thus, the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to the work product for which an attorney bills her cli…”
- Rodriguez v. McLoughlin, 84 F. Supp. 2d 417 (S.D.N.Y. 1999).published“[W]e have consistently looked to the marketplace as to our guide to what is ‘reasonable’.”
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc., 190 F. Supp. 2d 407 (E.D.N.Y. 2002).published“Clearly, a ‘reasonable fee’ cannot have been meant to compensate only work performed personally by members of the bar ... the term must refer to a reasonable fee for the work product of an attorney.”
- Weaver v. Clarke, 933 F. Supp. 831 (D. Neb. 1996).published“[W]e have consistently looked to the marketplace as our guide to what is ‘reasonable.’”
- McKesson Corp. v. Iran, the Islamic Re, 935 F. Supp. 2d 34 (D.D.C. 2013).published“[W]e have consistently looked to the marketplace as our guide to what is ‘reasonable.’”
- Carmel & Carmel PC v. Dellis Constr., Ltd., 858 F. Supp. 2d 43 (D.D.C. 2012).published“Thus, the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to *47 the work product for which an attorney bills her…”
- Joseph J. Froio v. Robert A. McDonald, 27 Vet. App. 352 (Vet. App. 2015).published“Clearly, a ‘reasonable attorney’s fee’ cannot have been meant to compensate only work performed personally by members of the bar.”
At page 283 Adjusting attorney's fees for delayed payment60 citing cases“Our cases have repeatedly stressed that attorney's fees awarded [by a court] ... are to be based on market rates for the services rendered.”
- Alden Assocs. v. Jacki Curry, 26 N.W.3d 780 (Wis. Ct. App. 2024).unpublished([A]n appropriate adjustment for delay in payment—whether by the application of current rather than historic hourly rates or otherwise—is within the contemplation of [ 42 U.S.C. § 1988 ].)
- Card v. Principal Life Ins. Co., No. 5:15-cv-00139 (E.D. Ky. Oct. 27, 2022). (Clearly, compensation received several years after the services were rendered . . . is not equivalent to the same dollar amount received reasonably promptly as the legal services are performed, as would normally be the…)
- M.B. v. Tidball, No. 2:17-cv-04102, 2020 WL 1666159 (W.D. Mo. Apr. 3, 2020). (We agree, therefore, that an appropriate adjustment for delay in payment—whether by the application of current rather than historic hourly rates or otherwise—is within the contemplation of the statute.)
- Tinsley v. City of Charlotte, No. 3:16-cv-00656 (W.D.N.C. Aug. 19, 2019).(Our precedent is clear that, in the typical case, an appropriate way to compensate for a delay in payment for attorneys' fees is either to use the current hourly rates instead of historical ones. . ..)
- Holt v. Commonwealth of Pennsylvania, No. 5:10-cv-05510 (E.D. Pa. May 1, 2020).
- United States Tr. v. Grenoble Apts., II (In Re Grenoble Apts., II), 152 B.R. 608 (D.S.D. 1993).published
- Kristopher Kelly v. Tennessee Valley Auth., 2024 MSPB 1 (MSPB 2024).published
- State Ex Rel. Montana Dep't of Transp. v. Slack, 2001 MT 137, 29 P.3d 503.published
- State Ex Rel. Montana Dep't of Transp. v. Am. Bank, 2008 MT 362, 195 P.3d 844.published
- Wilder v. Bernstein, 725 F. Supp. 1324 (S.D.N.Y. 1989).published
Show 50 more citing cases
- Matter of Hunt's Health Care, Inc., 161 B.R. 971 (Bankr. N.D. Ind. 1993).published
- Valmonte v. Bane, 895 F. Supp. 593 (S.D.N.Y. 1995).published
- Joy Mfg. Corp. v. Pullman-Peabody Co., 742 F. Supp. 911 (W.D. Pa. 1990).published
- In Re Pub. Serv. Co. of New Hampshire, 138 B.R. 660 (Bankr. D.N.H. 1992).published
- Crawford Cnty. v. Masel, 2000 WI App 172, 617 N.W.2d 188.published
- Rolland v. Cellucci, 106 F. Supp. 2d 128 (D. Mass. 2000).published
- Horney v. Westfield Gage Co., 227 F. Supp. 2d 209 (D. Mass. 2002).published
- Shott, Susan v. Rush-Presbyterian-St, No. 02-3839 (7th Cir. Aug. 1, 2003).published
- Little Rock Sch. Dist. & Pulaski Cnty. Special Sch. Dist. v. State of Arkansas, 127 F.3d 693 (8th Cir. 1997).published
- Carl R. Pruett & Nat'l Am. Ins. Co. v. the Harris Cnty. Bail Bond, Int'l Fid. Ins. Co. & Allegheny Cas. Co., No. 01-09-00384-CV (Tex. App.—Houston [1st Dist.] Apr. 7, 2011).published
- Gregory Modar v. Mar. Servs. Corp, 632 F. App'x 909 (9th Cir. 2015).unpublished
- K.P. v. Dist. of Columbia, No. 2015-1365, 2018 WL 6181737 (D.D.C. Nov. 27, 2018).published
- Hickey v. Dhs, No. 18-1585 (Fed. Cir. Mar. 22, 2019).unpublished
- Doe No. 1 v. United States, No. 19-255 (Fed. Cl. June 17, 2020).unpublished
- Handy v. Penal Institutions Comm'r, 412 Mass. 759 (1992).published
- Hadix v. Johnson, 965 F. Supp. 996 (W.D. Mich. 1997).published
- Brandt v. Schal Assocs., Inc., 131 F.R.D. 512 (N.D. Ill. 1990).published
- Graves v. Penzone, No. 2:77-cv-00479, 2020 WL 1984022 (D. Ariz. Apr. 27, 2020).
- Baker v. Ghidotti, No. 1:11-cv-04197 (N.D. Ill. Apr. 3, 2018).
- Card v. Principal Life Ins. Co., No. 5:15-cv-00139, 2023 WL 5706202 (E.D. Ky. Sept. 5, 2023).
- Smith v. City of Boston, 496 F. Supp. 3d 590 (D. Mass. 2020).published
- SB Bldg. Assocs. Ltd P'ship v. Iron Mountain Info. Mgmt., LLC, No. 3:20-cv-02954 (D.N.J. Nov. 16, 2020).unpublished
- Ravina v. Columbia Univ., No. 1:16-cv-02137, 2020 WL 1080780 (S.D.N.Y. Mar. 6, 2020).
- Stella v. Davis Cnty., No. 1:18-cv-00002 (D. Utah Aug. 18, 2023).
- The West Virginia Coalition Against Dom. Violence, Inc. v. Morrisey, No. 2:19-cv-00434 (S.D. W. Va. Dec. 11, 2023).
- Erickson Prods. Inc v. Kraig R Kast, No. 4:13-cv-05472 (N.D. Cal. Dec. 6, 2024).
- Mowles v. Maine Comm'n on Govt. Ethics & Election Practices, No. CUMap-06-35 (Me. Super. Ct Apr. 10, 2009).unpublished
- Cohen v. Brown Univ. et al., 2001 DNH 216 (D.N.H. 2001).published
- Eze, No. 2:23-cv-00976 (D.N.M. July 9, 2026).
- Cole, No. 2:18-cv-00220 (D. Vt. July 16, 2026).
- Browe, No. 2:15-cv-00267 (D. Vt. Sept. 10, 2026).
- Standley v. Chilhowee IV Sch. Dist., 5 F.3d 319 (8th Cir. 1993).published
- 305 East 24th Owners Corp. v. Parman Co., 799 F. Supp. 353 (S.D.N.Y. 1992).published
- Bank One, N.A. v. Echo Acceptance Corp., 595 F. Supp. 2d 798 (S.D. Ohio 2009).published
- Standley v. Chilhowee R-IV Sch. Dist., 5 F.3d 319 (8th Cir. 1993).published
- Dowd v. City of Los Angeles, 28 F. Supp. 3d 1019 (C.D. Cal. 2014).published
- Sanders v. BNSF Ry. Co., No. 0:17-cv-05106 (D. Minn. Dec. 5, 2022).
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, 484 F.3d 162 (2d Cir. 2007).published“Our cases have repeatedly stressed that attorney’s fees ... are to be based on market rates for the services rendered.”
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, No. 06-0086-cv (2d Cir. July 12, 2007).published“Our cases have repeatedly stressed that attorney’s fees 8 . . . are to be based on market rates for the services 9 rendered.”
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, No. 06-0086-cv (2d Cir. Apr. 10, 2008).published“Our cases have repeatedly stressed that attorney’s fees 8 . . . are to be based on market rates for the services 9 rendered.”
- LaScala v. Scrufari, 859 F. Supp. 2d 509 (W.D.N.Y. 2012).published“Clearly, compensation received several years after the services were rendered ... is not equivalent to the same dollar amount received reasonably promptly as the legal services are performed, as would normally be the c…”
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany & Albany Cnty. Bd. of Elections, 522 F.3d 182 (2d Cir. 2008).published“Our cases have repeatedly stressed that attorney’s fees.... are to be based on market rates for the services rendered.”
- Arbor Hill Concerned Citizens Neighborhood Assoc. v. Cnty. of Albany, 493 F.3d 110 (2d Cir. 2007).published“Our cases have repeatedly stressed that attorney’s fees ... are to be based on market rates for the services rendered.”
- Legacy Data Access, Inc. v. Cadrillion, LLC, No. 3:15-cv-00163 (W.D.N.C. Aug. 8, 2019).“Clearly, compensation received several years after the services were rendered . . . is not equivalent to the same dollar amount received reasonably promptly as the legal services are performed, as would normally be the…”
- McDow v. Rosado, 657 F. Supp. 2d 463 (S.D.N.Y. 2009).published“compensation received several years after the services were rendered ... is not the equivalent to the same dollar amount received reasonably promptly as the legal services are preformed, as would normally be the case w…”
- Ashraf-Hassan v. Embassy of France in the United States, 189 F. Supp. 3d 48 (D.D.C. 2016).published“Clearly, compensation received several years after the services were rendered — as it frequently is in complex civil rights litigation — is not equivalent to the same dollar amount received reasonably promptly as the l…”
- Mabel A. King v. James F. Palmer, Dir., D.C. Dep't of Corr. Mabel A. King v. James F. Palmer, Dir., D.C. Dep't of Corr., 950 F.2d 771 (D.C. Cir. 1991).published“Our cases have repeatedly stressed that attorney's fees awarded [by a court] ... are to be based on market rates for the services rendered.”
- In Re Busy Beaver Bldg. Centers, Inc. Kirkpatrick & Lockhart, 19 F.3d 833 (3d Cir. 1994).published“[Attorney’s fees awarded under [fee-shifting] statute[s] are to be based on market rates for the services rendered.”
- Dillard v. City of Elba, 863 F. Supp. 1550 (M.D. Ala. 1993).published
- Medders v. Autauga Cnty. Bd. of Educ., 858 F. Supp. 1118 (M.D. Ala. 1994).published
At page 284 Determining reasonable attorney's fees and Eleventh Amendment scope47 citing cases“an appropriate adjustment for delay in payment - whether by the application of current rather than historic hourly rates or otherwise - is within the contemplation of the statute”
- Wild Fish Conservancy v. Susewind, No. 24-2562 (9th Cir. July 18, 2025).unpublished([T]he Eleventh Amendment has no application to an award of attorney’s fees, ancillary to a grant of prospective relief, against a State.)
- Prison Legal News v. Ryan, No. 2:15-cv-02245 (D. Ariz. Mar. 20, 2024). ([A]n appropriate adjustment 17 for delay in payment—whether by the application of current rather than historic hourly 18 rates or otherwise—is within the contemplation of the statute.)
- H.C. v. NYC Doe, 71 F.4th 120 (2d Cir. 2023).published (The Court thus concludes that in IDEA cases, as in other fee-shifting contexts, the Court should take into account ‘delay’ by using current rates in calculating a ‘reasonable’ attorneys’ fee.)
- Barbee v. Dnspwr2 LLC, No. 3:20-cv-08100 (D. Ariz. Nov. 16, 2020).(Clearly, a ‘reasonable attorney's fee’ [as defined by 42 22 U.S.C. § 1988 ] cannot have been meant to compensate only work performed personally by 23 members of the bar. Rather, the term must refer to a reasonable fee…)
- Craig v. Lew, No. 2014-1340 (D.D.C. Nov. 21, 2018).published(An adjustment for delay in payment [i.e. applying current rates] is . . . an appropriate factor in the determination of what constitutes a reasonable attorney’s fee)
- Robinson v. Dist. of Columbia, No. 2015-0444 (D.D.C. Oct. 23, 2018).published(An adjustment for delay in payment is . . . an appropriate factor in the determination of what constitutes a reasonable attorney’s fee[.])
- Holt v. Commonwealth of Pennsylvania, No. 5:10-cv-05510 (E.D. Pa. May 1, 2020).
- Graves v. Penzone, No. 2:77-cv-00479, 2020 WL 1984022 (D. Ariz. Apr. 27, 2020).
- Associated Builders & Contractors of Louisiana, Inc. v. Orleans Par. Sch. Bd., 919 F.2d 374 (5th Cir. 1990).published
- Just. v. Danberg, 571 F. Supp. 2d 602 (D. Del. 2008).published
Show 37 more citing cases
- Edson v. Chambers, 519 N.W.2d 832 (Iowa Ct. App. 1994).published
- In Re Wolverine Knitting Mills, Inc., 107 B.R. 546 (Bankr. E.D. Mich. 1989).published
- GreatAmerica Leasing Corp. v. Cool Comfort Air Conditioning & Refrigeration, Inc., 691 N.W.2d 730 (Iowa 2005).published
- Landals v. George A. Rolfes Co., 454 N.W.2d 891 (Iowa 1990).published
- Guinn v. Dotson, 23 Cal. App. 4th 262 (Cal. Ct. App. 1994).published
- Schroff, Inc. v. Taylor-Peterson, 732 A.2d 719 (R.I. 1999).published
- Lipscomb v. Columbus Muninicipal Separate Sch. Dist., 261 F. Supp. 2d 626 (N.D. Miss. 2003).published
- Brooks v. Dist. of Columbia, No. 2010-0913 (D.D.C. Dec. 17, 2012).published
- Iqbal Mathur, Marilyn F. Longwell & John P. Madden v. Bd. of Trs. of S. Illinois Univ., 317 F.3d 738 (7th Cir. 2003).published
- Christensen v. Owcp, No. 07-70247 (9th Cir. Mar. 2, 2009).published
- Melissa Gordon v. Lausd, No. 19-55806 (9th Cir. Oct. 27, 2021).unpublished
- Merchants Bonding Co. (Mut.) v. Arkansas Constr. Solutions LLC, No. 5:18-cv-05078 (W.D. Ark. Apr. 17, 2020).
- Arkansas United v. Thurston, No. 5:20-cv-05193 (W.D. Ark. Jan. 13, 2023).
- Sheet Metal Workers Pension Trust of N. California v. Otavilla Mech. Contractors Inc., No. 3:23-cv-00736 (N.D. Cal. Sept. 27, 2023).
- Lamberty v. Connecticut State Police Union, No. 3:15-cv-00378 (D. Conn. Mar. 26, 2021).
- Fuller v. Corr., Idaho Dep't of, No. 1:13-cv-00035, 2019 WL 6332850 (D. Idaho Nov. 26, 2019).
- Sommerfield v. City of Chicago, No. 1:08-cv-03025 (N.D. Ill. Dec. 7, 2021).
- Lazarre v. Turco, No. 1:18-cv-12260 (D. Mass. Dec. 17, 2020).
- Cooper v. KSHB-TV 41, No. 4:17-cv-00041 (W.D. Mo. June 26, 2019).
- Int'l Inst. of Mgmt. v. Org. for Econ. Cooperation & Dev., No. 2:18-cv-01748, 2019 WL 5578485 (D. Nev. Oct. 29, 2019).
- Sanchez v. Albertson's LLC, No. 2:19-cv-02017 (D. Nev. June 24, 2022).
- United States of Am. for the Use & Benefit of Wells Cargo, Inc. v. Alpha Energy & Elec., Inc., No. 2:18-cv-01182 (D. Nev. Mar. 20, 2023).
- G.B. v. New York City Dep't of Educ., No. 1:21-cv-11211 (S.D.N.Y. July 31, 2023).
- J. v. New York City Dep't of Educ., No. 1:20-cv-10672 (S.D.N.Y. Sept. 6, 2023).
- Bevill v. City of Quitman, Texas, No. 4:19-cv-00406, 2025 WL 2306849 (E.D. Tex. Aug. 27, 2025).
- Self, No. 2:22-cv-01016 (D. Or. Nov. 12, 2025).
- N.G., No. 1:21-cv-08488 (S.D.N.Y. Sept. 30, 2025).
- Cuddy Law Firm, P.L.L.C. v. New York City Dep't of Educ., No. 1:25-cv-08515 (S.D.N.Y. July 2, 2026).
- Air Evac EMS, Inc. v. Cheatham, 260 F. Supp. 3d 628 (S.D. W. Va. 2017).published“[T]he Eleventh Amendment has no application to an awared of attorney’s fees, ancillary to a grant of prospective relief, against a State.”
- Robinson v. Dist. of Columbia, 341 F. Supp. 3d 97 (D.C. Cir. 2018).published“An adjustment for delay in payment is ... an appropriate factor in the determination of what constitutes a reasonable attorney's fee[.]”
- L.H. v. Hamilton Cnty. Dep't of Educ., 356 F. Supp. 3d 713 (E.D. Tenn. 2019).published“an appropriate adjustment for delay in payment-whether by the application of current rather than historic hourly rates or otherwise-is within the contemplation of the statute”
- Medders v. Autauga Cnty. Bd. of Educ., 858 F. Supp. 1118 (M.D. Ala. 1994).published“an appropriate adjustment for delay in payment — whether by the application of current rather than historic hourly rates or otherwise — is within the contemplation of the statute”
- Stokes v. City of Montgomery, 157 F.R.D. 514 (M.D. Ala. 1994).published“an appropriate adjustment for delay in payment—whether by the application of current rather than historic hourly rates or otherwise—is within the contemplation of the statute”
- Dillard v. City of Elba, 863 F. Supp. 1550 (M.D. Ala. 1993).published“an appropriate adjustment for delay in payment — whether by the application of current rather than historic hourly rates or otherwise — is within the contemplation of the statute”
- Polk v. Yee, 481 F. Supp. 3d 1060 (E.D. Cal. 2020).published“[T]he Eleventh Amendment has no application to an award of attorney's fees, 23 ancillary to a grant of prospective relief, against a State.”
- Blackwell v. Foley, 724 F. Supp. 2d 1068 (N.D. Cal. 2010).published“an appropriate adjustment for delay in payment — whether by the application of current rather than historic hourly rates or otherwise is within the contemplation of the statute.”
- Act Now to Stop War & End Racism Coalition v. Dist. of Columbia, 286 F.R.D. 145 (D.D.C. 2012).published“[A]n appropriate adjustment for delay in payment—whether by application of current rather than historic hourly rates or otherwise—is within the contemplation of the [fee shifting] statute.”
At page 298 “purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”38 citing cases
- Allen, No. 2:22-cv-02154 (D. Ariz. Jan. 7, 2026).([P]urely 9 clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who 10 performs them.)
- Nat'l Roofing Indus. Pension Fund v. JIC Constr., LLC, No. 3:23-cv-00561 (D. Or. May 16, 2025).([P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.)
- United States v. Pathway of Baldwin Cnty., LLC, No. 1:17-cv-00355 (S.D. Ala. Mar. 21, 2025).(purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them [ ])
- Gatore v. United States Dep't of Homeland Sec., No. 2015-0459 (D.D.C. Mar. 6, 2025).published([P]urely clerical or secretarial tasks should not be billed at a paralegal rate regardless of who performs them.)
- Maxwell v. Pacione, No. 1:24-cv-00409 (E.D. Cal. Jan. 14, 2025).([P]urely clerical or secretarial tasks should not be billed at 2 a paralegal rate, regardless of who performs them.)
- Wendy Brawley v. Richland Cnty., 911 S.E.2d 156 (S.C. Ct. App. 2025).published “it has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher ra…”
- (PC) Doe v. State of California, No. 1:24-cv-00337 (E.D. Cal. Dec. 20, 2024).([P]urely clerical or secretarial tasks should not be billed at 8 a paralegal rate, regardless of who performs them.)
- Wendy Brawley v. Richland Cnty., 907 S.E.2d 792 (S.C. Ct. App. 2024).published “it has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher ra…”
- Lardizabal v. Am. Express Nat'l Bank, No. 3:22-cv-00345 (S.D. Cal. Nov. 29, 2023).(�[P]urely clerical or secretarial tasks should 9 not be billed at a paralegal’s [or lawyer’s] rate, regardless of who performs them . . . 10 [The] dollar value [of such non-legal work] is not enhanced just because a la…)
- Francis v. Comm'r Soc. Sec. Admin., No. 1:22-cv-01012 (W.D. Tenn. Sept. 29, 2023).(‘[P]urely clerical or secretarial tasks should not be billed’ under fee shifting statutes, ‘regardless of who performs them.’)
Show 28 more citing cases
- Don't Shoot Portland v. City of Portland, No. 3:20-cv-00917 (D. Or. Sept. 24, 2023).([P]urely clerical or secretarial tasks should not be billed at a paralegal [or lawyer] rate regardless of who performs them. . . .)
- Valley Nat'l Bank v. Czapla (MAG+), No. 2:20-cv-00961 (M.D. Ala. May 3, 2023).(purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them[ ])
- Barnes v. Jeffreys, No. 1:20-cv-02137 (N.D. Ill. Mar. 20, 2023).([P]urely clerical or secretarial tasks should not be billed at a paralegal rate, [much less an attorney rate] regardless of who performs them.)
- S. v. New York City Dep't of Educ., No. 1:21-cv-02159 (S.D.N.Y. Sept. 6, 2022).([P]urely clerical or secretarial tasks should not be billed under fee shifting statutes regardless of who performs them.)
- Automated Mgmt. Sys., Inc. v. Rappaport Hertz Cherson Rosenthal, P.C., No. 1:16-cv-04762 (S.D.N.Y. July 22, 2022).“it has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher ra…”
- W. v. New York City Dep't of Educ., No. 1:20-cv-10591 (S.D.N.Y. Feb. 23, 2022).([P]urely clerical or secretarial tasks should not be billed under fee shifting statutes regardless of who performs them.)
- Herron v. Trenton Special Sch. Dist., No. 1:19-cv-01034 (W.D. Tenn. Sept. 1, 2021). (purely clerical or secretarial tasks should not be billed” under fee shifting statutes, “regardless of who performs them.)
- Trujillo v. Harsarb Inc, No. 1:21-cv-00342, 2021 WL 3783388 (E.D. Cal. Aug. 26, 2021).(purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless 23 of who performs them.)
- G & G Closed Circuit Events, LLC v. Hernandez, No. 3:20-cv-02112, 2021 WL 3290422 (S.D. Cal. Aug. 2, 2021).(Of course, purely clerical 2 or secretarial tasks should not be billed at a paralegal rate, regardless of who performs 3 them.)
- G & G Closed Circuit Events, LLC v. Zarazua, No. 3:20-cv-01944 (S.D. Cal. Aug. 2, 2021).(Of course, purely clerical 2 or secretarial tasks should not be billed at a paralegal rate, regardless of who performs 3 them.)
- Shaw v. Pin Setters, Inc., No. 2:23-cv-01108 (E.D. Cal. Apr. 10, 2024).“purely clerical or secretarial tasks should not be billed at a paralegal rate, 15 regardless of who performs them”
- Hernandez v. Spring Charter Inc., No. 3:19-cv-01479, 2020 WL 1171121 (N.D. Cal. Mar. 11, 2020).“[P]urely 22 clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs 23 them.”
- Puccio v. Love, No. 3:16-cv-02890, 2020 WL 434481 (S.D. Cal. Jan. 28, 2020).“[P]urely clerical or secretarial tasks should not be 23 billed at a paralegal rate, regardless of who performs them.”
- Norman v. BPR Brampton LLC, No. 6:20-cv-00095 (S.D. Ga. July 8, 2021).“Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Reyes v. Tanaka, 457 F. Supp. 3d 863 (D. Haw. 2020).“Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Fields v. City of Chicago, No. 1:10-cv-01168, 2018 WL 253716 (N.D. Ill. Jan. 1, 2018).“[P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Miller v. Holzmann, 575 F. Supp. 2d 2 (D.C. Cir. 2008).published“Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Molina v. KP Stoneymill, Inc., No. 8:19-cv-03123, 2021 WL 2805838 (D. Md. July 6, 2021).“purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them”
- Reg'l Employers' Assurance Leagues Voluntary Employees' Beneficiary Ass'n Trust v. Castellano, 164 F. Supp. 3d 705 (E.D. Pa. 2016).published“purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them”
- Lafleur v. Dollar Tree Stores, Inc., 189 F. Supp. 3d 588 (E.D. Va. 2016).published“[PJurely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- In re Toys "R" US-Delaware, Inc., 295 F.R.D. 438 (C.D. Cal. 2014).published“[P]urely clerical or secretarial tasks should not be billed at a paralegal [or lawyer] rate, regardless of who performs them”
- Miller v. Holzmann, 575 F. Supp. 2d 2 (D.D.C. 2008).published“Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Montanez v. City of Syracuse, No. 6:16-cv-00550, 2020 WL 5123134 (N.D.N.Y. Aug. 31, 2020).“[P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Yu Zhang v. GC Servs., LP, 537 F. Supp. 2d 805 (E.D. Va. 2008).published“purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them”
- Local Union No. 5 Trs. of the Bricklayers & Masons', Ohio Pension Fund v. Masonry Contracting Corp., No. 1:19-cv-01273, 2021 WL 243187 (N.D. Ohio Jan. 25, 2021).“[P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.”
- Sponer v. Wells Fargo Bank N.A., No. 3:17-cv-02035 (D. Or. Apr. 28, 2020).“[P]urely clerical or secretarial tasks should not be billed at a paralegal [or lawyer] rate regardless of who performs them . . . .”
- Cianchetta v. BMW of North Am., LLC, No. 2:20-cv-00241, 2022 WL 2160556 (E.D. Cal. June 15, 2022).“[P]urely clerical or secretarial tasks should not be billed at a paralegal 25 rate, regardless of who performs them.”
- Perez v. Perkiss, 742 F. Supp. 883 (D. Del. 1990).published“Of course, purely clerical or secretarial tasks should not be billed at [even] a paralegal rate, regardless of who performs them.”
At page 286 Determining reasonable attorney's fees under statute24 citing casesA reasonable attorney’s fee under § 1988 is . . . comparable to what ‘is traditional with attorneys compensated by a fee-paying client.’” (quoting S. Rep. No. 94-1011, at 6 (1976))
- Richlin Sec. Serv. Co. v. Chertoff, 553 U.S. 571 (2008).published Cf. Jenkins, supra, at 287 (“If the fees are consistent with market rates and practices, the ‘windfall’ argument has no more force with regard to paralegals than it does for associates”).
- Crawford Cnty. v. Masel, 2000 WI App 172, 617 N.W.2d 188.published
- City of Burlington v. Dague, 505 U.S. 557 (1992).published
- Turner, Wayne v. DC Bd Elect Ethics, No. 03-7030 (D.C. Cir. Jan. 23, 2004).published
- Wilson v. Principi, 16 Vet. App. 509 (Vet. App. 2002).published
- Dickens v. Friendship-Edison P.C.S., No. 2006-1466 (D.D.C. July 21, 2010).published
- Logtale, Ltd. v. Ikor, Inc., No. 16-15376 (9th Cir. Mar. 28, 2018).unpublished
- Logtale, Ltd. v. Ikor, Inc., No. 16-15376 (9th Cir. Aug. 31, 2018).unpublished
- Victor Parsons v. Charles Ryan, 949 F.3d 443 (9th Cir. 2020).published
- Ladonna Seachris v. Brady-Hamilton Stevedore Co., 994 F.3d 1066 (9th Cir. 2021).published
Show 14 more citing cases
- Perez-Sosa v. Garland, 22 F.4th 312 (1st Cir. 2022).published
- Roberts v. Dep't of State Police, 15 Mass. L. Rptr. 462 (Mass. Super. Ct. 2002).published
- T&D Video, Inc. v. City of Revere, 17 Mass. L. Rptr. 448 (Mass. Super. Ct. 2004).published
- J W v. Metro. Sch. Dist. of Warren Cnty., No. 4:19-cv-00044 (N.D. Ind. Sept. 30, 2021).
At page 287 Determining appropriate compensation for paralegal and associate fees24 citing cases[T]he cost of original depositions is taxable without any factual finding. . . . , and the cost of copies is taxable only if the copies were necessarily obtained for use in the case.
- Jet Midwest Int'l Co. v. F. Paul Ohadi, 93 F.4th 408 (8th Cir. 2024).published([T]he cost of original depositions is taxable without any factual finding. . . . , and the cost of copies is taxable only if the copies were necessarily obtained for use in the case.)
- Collins v. Comm'r Soc. Sec. Admin., No. 3:21-cv-00694 (N.D. Tex. Apr. 20, 2022).([T]he appropriate compensation for paralegals, law clerks, and summer associates should be determined by the marketplace.)
- Richlin Sec. Serv. Co. v. Chertoff, 553 U.S. 571 (2008).published (If the fees are consistent with market rates and practices, the ‘windfall’ argument has no more force with regard to paralegals than it does for associates)
- Hertz Corp. v. Caulfield, 796 F. Supp. 225 (E.D. La. 1992).published
- Vines v. Welspun Pipes Inc, No. 4:18-cv-00509, 2020 WL 3062384 (E.D. Ark. June 9, 2020).
- Rodgers v. Bryant, No. 4:17-cv-00501 (E.D. Ark. July 2, 2020).
- Burton v. Nilkanth Pizza Inc, No. 4:19-cv-00307 (E.D. Ark. Aug. 24, 2020).
- Smith v. Om Purshantam LLC, No. 4:18-cv-00797, 2021 WL 1230468 (E.D. Ark. Mar. 31, 2021).
- Skender v. Eden Isle Corp., No. 4:20-cv-00054, 2021 WL 2964991 (E.D. Ark. July 14, 2021).
- Huffman v. Associated Mgmt. Ltd, No. 4:20-cv-01296, 2021 WL 3122338 (E.D. Ark. July 22, 2021).
Show 13 more citing cases
- Wright v. Tyler Tech. Inc, No. 4:20-cv-00454 (E.D. Ark. Sept. 17, 2021).
- Smiley v. Little Rock Donuts LLC, No. 4:20-cv-00102, 2021 WL 4302219 (E.D. Ark. Sept. 21, 2021).
- Francis v. Gamdan Servs. LLC, No. 4:22-cv-00094 (E.D. Ark. July 28, 2022).
- Hill-Smith v. Silver Dollar Cabaret, Inc., No. 5:20-cv-05051, 2020 WL 4741917 (W.D. Ark. Aug. 14, 2020).
At page 282 Recognizing delay as part of reasonable attorney's fee16 citing cases“Although delay and the risk of nonpayment are often mentioned in the same breath, adjusting for the former is a distinct issue.”
- H.C. v. NYC Doe, 71 F.4th 120 (2d Cir. 2023).published Agyei, 491 U.S. 274, 284 (1989); see M.H. v. N.Y.C.
- Card v. Principal Life Ins. Co., No. 5:15-cv-00139 (E.D. Ky. Oct. 27, 2022). Winn, 559 U.S. 542, 556 (2010) (“Compensation for this delay is generally made ‘either by basing the award on current rates or by adjusting the fee based on historical rates to reflect its present value.’”) (quoting Missouri v. Jenkins, 49…
- Holt v. Commonwealth of Pennsylvania, No. 5:10-cv-05510 (E.D. Pa. May 1, 2020).
- Perdue v. Kenny A. Ex Rel. Winn, 559 U.S. 542 (2010).published
- Kevin West v. John Potter, 717 F.3d 1030 (D.C. Cir. 2013).published
- CashCall Inc. v. Patrick Morrisey, Attorney Gen., No. 12-1274, 2014 WL 2404300 (W. Va. May 30, 2014).published
- Wye Oak Tech., Inc. v. Repub. of Iraq, 557 F. Supp. 3d 65 (D.D.C. 2021).published
- Kristopher Kelly v. Tennessee Valley Auth., 2024 MSPB 1 (MSPB 2024).published
- M.H. v. New York City Dep't of Educ., No. 1:20-cv-01923 (S.D.N.Y. Aug. 2, 2021).
- Spencer v. Vagnini, No. 2:16-cv-00662 (E.D. Wis. Sept. 19, 2023).
Show 6 more citing cases
- White v. Dist. of Columbia, No. 2024-0769 (D.D.C. July 22, 2025).published
- D.R.N.Y. v. N.Y. State Dep't of Corrs., No. 24-2565 (2d Cir. Jan. 29, 2026).unpublished
- Torres, No. 2:20-cv-00026 (E.D. Tenn. July 21, 2026).
- W-s, No. 2:19-cv-00810 (D. Utah Sept. 14, 2026).
At page 279 Determining Eleventh amendment immunity for attorney's fees15 citing cases“it must be accepted as settled that an award of attorneys’ fees ancillary to prospective relief is not subject to the strictures of the Eleventh Amendment”
- Tina Elizabeth Lee v. State of Iowa & Polk Cnty. Clerk of Court, 874 N.W.2d 631 (Iowa 2016).published
- United States v. Richard A. Horn, 29 F.3d 754 (1st Cir. 1994).published
- Thomas Bradley, as Nat. Guardian Of, & on Behalf of David Bradley, a Minor Dianna Bradley, as Nat. Guardian Of, & on Behalf of David Bradley, a Minor - United States of Am., Intervenor on Appeal v. Arkansas Dep't of Educ. Mike Crowley, Individually & in His Capacity as an Emp. of the Arkansas Dep't of Educ. - Williford Sch. Dist. 39 John Does, 1-10, Advocacy Servs., Inc., Amicus Curiae. Jim C, Individually & as Parent & Next Friend of J.C. Susan C, Individually & as Parent & Next Friend of J.C. - United States of Am., Intervenor on Appeal v. Atkins Sch. Dist. Arch Ford Educ. Serv. Coop. Arkansas Dep't of Educ., 189 F.3d 745 (8th Cir. 1999).published
- Scelsa v. City Univ. of New York, 806 F. Supp. 1126 (S.D.N.Y. 1992).published
- Natl Home Equity v. Face, No. 01-1631 (4th Cir. Oct. 16, 2002).published
- Jerry Jensen v. Harold Clarke, 94 F.3d 1191 (8th Cir. 1996).published
- Est. of Velma Lea Schultz v. Brown, 846 F. App'x 689 (10th Cir. 2021).unpublished
- Riana Buffin v. City & Cnty. of San Francisco, 23 F.4th 951 (9th Cir. 2022).published
- Pérez de Otero v. Estado Libre Asociado de Puerto Rico, 192 P.R. Dec. 298 (2015).published
- Reed v. Long, No. 5:19-cv-00385 (M.D. Ga. Jan. 13, 2023).
Show 5 more citing cases
- Firearms Policy Coalition, Inc v. McCraw, 623 F. Supp. 3d 740 (N.D. Tex. 2022).published
- Wild Fish Conservancy v. Washington Dep't of Fish & Wildlife, No. 2:21-cv-00169 (W.D. Wash. Mar. 30, 2024).
- The United States of Am. v. The State of Alaska, et al., No. 1:22-cv-00054 (D. Alaska June 12, 2026).
- South Dakota Farm Bureau, Inc. v. South Dakota, 197 F.R.D. 673 (D.S.D. 2000).published“an award of attorney’s fees ancillary to prospective relief is not subject to the strictures of the Eleventh Amendment”
109 S. Ct. at 2472 Approving compensation for paralegals and law clerks5 citing casesidentifying and condoning awards for paralegals and law clerks where separately-billed
- Colon v. Hart (In Re Colon), 114 B.R. 890 (Bankr. E.D. Pa. 1990).published
- United States Tr. v. Grenoble Apts., II (In Re Grenoble Apts., II), 152 B.R. 608 (D.S.D. 1993).published
- In Re Washington Pub. Power Supply Sys. Sec. Litig., 779 F. Supp. 1063 (D. Ariz. 1990).published
- Lalla v. City of New Orleans, 161 F. Supp. 2d 686 (E.D. La. 2001).published
- In Re: Gen. Motors v., No. 94-1011 (4th Cir. Apr. 1, 1997).published
At page 280 Eleventh amendment immunity for attorney's fees and interest6 citing casesstate officers acting in their official capacity are also entitled to Eleventh Amendment protection, because ‘a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office,’ and such, it is no different from a…
- Jessup v. Sandy, No. 1:21-cv-00125 (N.D. W. Va. Dec. 2, 2021).(state officers acting in their official capacity are also entitled to Eleventh Amendment protection, because ‘a suit against a state official in his or her official capacity is not a suit against the official but rathe…)
- Ford Motor Co. v. United States, 768 F.3d 580 (6th Cir. 2014).published (Shaw involved an application of the longstanding ‘no-interest rule,’ under which interest cannot be awarded against the United States unless it has expressly waived its sovereign immunity.)
- Tina Elizabeth Lee v. State of Iowa & Polk Cnty. Clerk of Court, 874 N.W.2d 631 (Iowa 2016).published
- Buffin v. City & Cnty. of San Francisco, No. 4:15-cv-04959 (N.D. Cal. Mar. 23, 2020).
- Zielinski v. Martuscello, No. 1:22-cv-00924 (W.D.N.Y. June 5, 2024).
105 L. Ed. 2d at 240 Determining fee enhancement for delay under statute4 citing casesNAACP Legal Defense and Educational Fund, Inc.
- Raton Gas Transmission Co. v. Fed. Energy Regulatory Comm'n, 891 F.2d 323 (Fed. Cir. 1989).published
- Am. Fed'n of Gov't Employees, Afl-Cio, Local 3882 v. Fed. Labor Relations Auth., United States Dep't of Just., Bureau of Prisons, Intervenor. United States Dep't of Just., Bureau of Prisons v. Fed. Labor Relations Auth., Am. Fed'n of Gov't Employees, Afl-Cio, Local 3882, Intervenor, 944 F.2d 922 (Fed. Cir. 1991).published
- Maynard v. Mine Hill Tp., 582 A.2d 315 (N.J. Super. Ct. App. Div. 1990).published
- Am. Fed'n of Gov't Employees v. Fed. Labor Relations Auth., 944 F.2d 922 (D.C. Cir. 1991).published
109 S. Ct. at 2466 Distinguishing interest awards from attorney's fees under eleventh amendment4 citing casesapplying current hourly rates for counsel to compensate for delay
- James v. Draper (In Re James), 112 B.R. 687 (Bankr. E.D. Pa. 1990).published
- In Re Whitefield, 165 B.R. 867 (Bankr. M.D. Tenn. 1994).published
- Tina Elizabeth Lee v. State of Iowa & Polk Cnty. Clerk of Court, 874 N.W.2d 631 (Iowa 2016).published
- Holt v. Commonwealth of Pennsylvania, No. 5:10-cv-05510 (E.D. Pa. May 1, 2020).
At page 278 Examining sovereign immunity and attorney fee awards5 citing casesdiscussing Hutto
- Tina Elizabeth Lee v. State of Iowa & Polk Cnty. Clerk of Court, 874 N.W.2d 631 (Iowa 2016).published
- Lavery v. Dep't of Fin. & Prof'l Reg., 2023 IL App (1st) 220900.published
- State of North Carolina Div. of Servs. for the Blind v. United States Dep't of Educ. Rehab. Servs. Admin., No. 1:17-cv-01058 (M.D.N.C. Aug. 23, 2019).
- Lavery v. Dep't of Fin. & Prof'l Reg., 2025 IL 130033, 279 N.E.3d 664.published
At page 281 Determining enhancement for delay in attorney's fees4 citing caseswhether Congress intended an enhancement of a reasonable attorney's fee under § 1988 should not turn on whether the party against whom fee is awarded is a State
- Hoffman v. Connecticut Dep't of Income Maint., 492 U.S. 96 (1989).published
- The Hopi Tribe, Plaintiff-Appellee-Cross-Appellant v. The Navajo Tribe, Defendants-Appellants-Cross-Appellees v. United States of Am., 46 F.3d 908 (9th Cir. 1995).published
- Vastano v. Killington Valley Real Est., 2010 VT 12, 996 A.2d 170.published
- MPHJ Tech. Investments, LLC v. Sorrell, 108 F. Supp. 3d 231 (D. Vt. 2015).published
109 S. Ct. at 2468 Recognizing delay factor in prevailing counsel fee awards3 citing casesIn setting fees for prevailing counsel, the courts have regularly recognized the delay factor, either by basing the award on current rates or by adjusting the fee based on historical rates to reflect its present value.” (quotation marks omitted) (emphasis added)
- James v. Draper (In Re James), 112 B.R. 687 (Bankr. E.D. Pa. 1990).published
- Earl J. Reopell v. Commonwealth of Massachusetts, 936 F.2d 12 (1st Cir. 1991).published
- Laquarius Gray v. Antonio Bostic, No. 08-15152 (11th Cir. Aug. 2, 2010).published
It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher rate.
- Wendy Brawley v. Richland Cnty., 911 S.E.2d 156 (S.C. Ct. App. 2025).published (It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher r…)
- Wendy Brawley v. Richland Cnty., 907 S.E.2d 792 (S.C. Ct. App. 2024).published (It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher r…)
- Automated Mgmt. Sys., Inc. v. Rappaport Hertz Cherson Rosenthal, P.C., No. 1:16-cv-04762 (S.D.N.Y. July 22, 2022).(It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher r…)
At page 276 “260 million in capital improvements and a magnet-school plan costing over 200 million.”2 citing cases
- Missouri v. Jenkins, 495 U.S. 33 (1990).published
- Missouri v. Jenkins, 515 U.S. 70 (1995).published
109 S. Ct. at 2476 cited at this page1 citing case
- Vitac Corp. v. Workers' Comp. Appeal Bd., 854 A.2d 481 (Pa. 2004).published
“purely clerical or secretarial tasks should not be billed' under fee shifting statutes, 'regardless of who performs them.”
- Francis v. Comm'r Soc. Sec. Admin., No. 1:22-cv-01012 (W.D. Tenn. Sept. 29, 2023).“purely clerical or secretarial tasks should not be billed' under fee shifting statutes, 'regardless of who performs them.”
- S. v. New York City Dep't of Educ., No. 1:21-cv-02159 (S.D.N.Y. Sept. 6, 2022).“purely clerical or secretarial tasks should not be billed under fee shifting statutes regardless of who performs them.”
- W. v. New York City Dep't of Educ., No. 1:20-cv-10591 (S.D.N.Y. Feb. 23, 2022).“purely clerical or secretarial tasks should not be billed under fee shifting statutes regardless of who performs them.”
- Herron v. Trenton Special Sch. Dist., No. 1:19-cv-01034 (W.D. Tenn. Sept. 1, 2021). “purely clerical or secretarial tasks should not be billed" under fee shifting statutes, "regardless of who performs them.”
“purely clerical or secretarial tasks should not be billed at a paralegal [or lawyer’s] rate, regardless of who performs them ... [the] dollar value [of a clerical task] is not enhanced just because a lawyer does it”
- Lemus v. Timberland Apts., L.L.C., 876 F. Supp. 2d 1169 (D. Or. 2012).published“purely clerical or secretarial tasks should not be billed at a paralegal [or lawyer’s] rate, regardless of who performs them ... [the] dollar value [of a clerical task] is not enhanced just because a lawyer does it”
- Key Bank Nat'l Ass'n v. Van Noy, 598 F. Supp. 2d 1160 (D. Or. 2009).published“purely clerical or secretarial tasks should not be billed at a paralegal [or lawyer’s] rate, regardless of who performs them____’ [The] dollar value [of such nonlegal work] is not enhanced just because a lawyer does it…”
Other citing cases
- Bd. of Trs. of the Hotel & Restaurant Employees Local 25 & Employers' Health & Welfare Fund v. Jpr, Inc., 136 F.3d 794 (D.C. Cir. 1998).published
- Lange, No. 4:20-cv-00160 (S.D. Ind. Jan. 13, 2026).
- Munoz v. Diaz, No. 4:22-cv-00009 (S.D. Ga. Jan. 9, 2023).
- Dahlenburg v. SSA, No. 3:21-cv-00049 (E.D. Ky. Nov. 23, 2022).
v.
JENKINS, by Her Friend, AGYEI, Et Al.
Lead Opinion
delivered the opinion of the Court.
This is the attorney’s fee aftermath of major school desegregation litigation in Kansas City, Missouri. We granted certiorari, 488 U. S. 888 (1988), to resolve two questions relating to fees litigation under 90 Stat. 2641, as amended, 42 U. S. C. § 1988. First, does the Eleventh Amendment prohibit enhancement of a fee award against a State to compensate for delay in payment? Second, should the fee award compensate the work of paralegals and law clerks by applying the market rate for their work?
[*276] I
This litigation began in 1977 as a suit by the Kansas City Missouri School District (KCMSD), the school board, and the children of two school board members, against the State of Missouri and other defendants. The plaintiffs alleged that the State, surrounding school districts, and various federal agencies had caused and perpetuated a system of racial segregation in the schools of the Kansas City metropolitan area. They sought various desegregation remedies. KCMSD was subsequently realigned as a nominal defendant, and a class of present and future KCMSD students was certified as plaintiffs. After lengthy proceedings, including a trial that lasted 754 months during 1983 and 1984, the District Court found the State of Missouri and KCMSD liable, while dismissing the suburban school districts and the federal defendants. It ordered various intradistrict remedies, to be paid for by the State and KCMSD, including $260 million in capital improvements and a magnet-school plan costing over $200 million. See Jenkins v. Missouri, 807 F. 2d 657 (CA8 1986) (en banc), cert. denied, 484 U. S. 816 (1987); Jenkins v. Missouri, 855 F. 2d 1295 (CA8 1988), cert. granted, 490 U. S. 1034 (1989).
The plaintiff class has been represented, since 1979, by Kansas City lawyer Arthur Benson and, since 1982, by the NAACP Legal Defense and Educational Fund, Inc. (LDF). Benson and the LDF requested attorney’s fees under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U. S. C. § 1988.[1] Benson and his associates had devoted 10,875 attorney hours to the litigation, as well as 8,108 hours of paralegal and law clerk time. For the LDF the corresponding[*277] figures were 10,854 hours for attorneys and 15,517 hours for paralegals and law clerks. Their fee applications deleted from these totals 3,628 attorney hours and 7,046 paralegal hours allocable to unsuccessful claims against the suburban school districts. With additions for postjudgment monitoring and for preparation of the fee application, the District Court awarded Benson a total of approximately $1.7 million and the LDF $2.3 million. App. to Pet. for Cert. A22-A43.
In calculating the hourly rate for Benson’s fees the court noted that the market rate in Kansas City for attorneys of Benson’s qualifications was in the range of $125 to $175 per hour, and found that “Mr. Benson’s rate would fall at the higher end of this range based upon his expertise in the area of civil rights.” Id., at A26. It calculated his fees on the basis of an even higher hourly rate of $200, however, because of three additional factors: the preclusion of other employment, the undesirability of the case, and the delay in payment for Benson’s services. Id., at A26-A27. The court also took account of the delay in payment in setting the rates for several of Benson’s associates by using current market rates rather than those applicable at the time the services were rendered. Id., at A28-A30. For the same reason, it calculated the fees for the LDF attorneys at current market rates. Id., at A33.
Both Benson and the LDF employed numerous paralegals, law clerks (generally law students working part time), and recent law graduates in this litigation. The court awarded fees for their work based on Kansas City market rates for those categories. As in the case of the attorneys, it used current rather than historic market rates in order to compensate for the delay in payment. It therefore awarded fees based on hourly rates of $35 for law clerks, $40 for paralegals, and $50 for recent law graduates. Id., at A29-A31, A34. The Court of Appeals affirmed in all respects. 838 F. 2d 260 (CA8 1988).
[*278] II
Our grant of certiorari extends to two issues raised by the State of Missouri. Missouri first contends that a State cannot, consistent with the principle of sovereign immunity this Court has found embodied in the Eleventh Amendment, be compelled to pay an attorney’s fee enhanced to compensate for delay in payment. This question requires us to examine the intersection of two of our precedents, Hutto v. Finney, 437 U. S. 678 (1978), and Library of Congress v. Shaw, 478 U. S. 310 (1986).[2]
In Hutto v. Finney, the lower courts had awarded attorney’s fees against the State of Arkansas, in part pursuant to §1988, in connection with litigation over the conditions of confinement in that State’s prisons. The State contended that any such award was subject to the Eleventh Amendment’s constraints on actions for damages payable from a State’s treasury. We relied, in rejecting that contention, on the distinction drawn in our earlier cases between “retroactive monetary relief” and “prospective injunctive relief.” See Edelman v. Jordan, 415 U. S. 651 (1974); Ex parte Young, 209 U. S. 123 (1908). Attorney’s fees, we held, belonged to the latter category, because they constituted reimbursement of “expenses incurred in litigation seeking only prospective relief,” rather than “retroactive liability for prelitigation conduct.” Hutto, 437 U. S., at 695; see also id.,. at 690. We explained: “Unlike ordinary ‘retroactive’ relief such as damages or restitution, an award of costs does not compensate the plaintiff for the injury that first brought him into court. Instead, the award reimburses him for a portion of the expenses he incurred in seeking prospective relief.” Id., at 695, n. 24. Section 1988, we noted, fit easily into the[*279] longstanding practice of awarding “costs” against States, for the statute imposed the award of attorney’s fees “as part of the costs.” Id., at 695-696, citing Fairmont Creamery Co. v. Minnesota, 275 U. S. 70 (1927).
After Hutto, therefore, it must be accepted as settled that an award of attorney’s fees ancillary to prospective relief is not subject to the strictures of the Eleventh Amendment. And if the principle of making such an award is beyond the reach of the Eleventh Amendment, the same must also be true for the question of how a “reasonable attorney’s fee” is to be calculated. See Hutto, supra, at 696-697.
Missouri contends, however, that the principle enunciated in Hutto has been undermined by subsequent decisions of this Court that require Congress to “express its intention to abrogate the Eleventh Amendment in unmistakable language in the statute itself.” Atascadero State Hospital v. Scanlon, 473 U. S. 234, 243 (1985); Welch v. Texas Dept, of Highways and Public Transportation, 483 U. S. 468 (1987). See also Dellmuth v. Muth, ante, p. 223; Pennsylvania v. Union Gas Co., ante, p. 1. The flaw in this argument lies in its misreading of the holding of Hutto. It is true that in Hutto we noted that Congress could, in the exercise of its enforcement power under § 5 of the Fourteenth Amendment, set aside the States’ immunity from retroactive damages, 437 U. S., at 693, citing Fitzpatrick v. Bitzer, 427 U. S. 445 (1976), and that Congress intended to do so in enacting § 1988, 437 U. S., at 693-694. But we also made clear that the application of § 1988 to the States did not depend on congressional abrogation of the States’ immunity. We did so in rejecting precisely the “clear statement” argument that Missouri now suggests has undermined Hutto. Arkansas had argued that § 1988 did not plainly abrogate the States’ immunity; citing Employees v. Missouri Dept, of Public Health and Welfare, 411 U. S. 279 (1973), and Edelman v. Jordan, supra, the State contended that “retroactive liability” could not be imposed on the States “in the absence of an extraordinarily ex[*280]plicit statutory mandate.” Hutto, 437 U. S., at 695. We responded as follows: “[Tjhese cases [Employees and Edelman] concern retroactive liability for prelitigation conduct rather than expenses incurred in litigation seeking only prospective relief. The Act imposes attorney’s fees ‘as part of the costs.’ Costs have traditionally been awarded without regard for the States’ Eleventh Amendment immunity.” Ibid.
The holding of Hutto, therefore, was not just that Congress had spoken sufficiently clearly to overcome Eleventh Amendment immunity in enacting § 1988, but rather that the Eleventh Amendment did not apply to an award of attorney’s fees ancillary to a grant of prospective relief. See Maine v. Thiboutot, 448 U. S. 1, 9, n. 7 (1980). That holding is unaffected by our subsequent jurisprudence concerning the degree of clarity with which Congress must speak in order to override Eleventh Amendment immunity, and we reaffirm it today.
Missouri’s other line of argument is based on our decision in Library of Congress v. Shaw, supra. Shaw involved an application of the longstanding “no-interest rule,” under which interest cannot be awarded against the United States unless it has expressly waived its sovereign immunity. We held that while Congress, in making the Federal Government a potential defendant under Title VII of the Civil Rights Act of 1964, had waived the United States’ immunity from suit and from costs including reasonable attorney’s fees, it had not waived the Federal Government’s traditional immunity from any award of interest. We thus held impermissible a 30 percent increase in the “lodestar” fee to compensate for delay in payment. Because we refused to find in the language of Title VII a waiver of the United States’ immunity from interest, Missouri argues, we should likewise conclude that § 1988 is not sufficiently explicit to constitute an abrogation of the States’ immunity under the Eleventh Amendment in regard to any award of interest.
[*281] The answer to this contention is already clear from what we have said about Hutto v. Finney. Since, as we held in Hutto, the Eleventh Amendment does not bar an award of attorney’s fees ancillary to a grant of prospective relief, our holding in Shaw has no application, even by analogy.[3] There is no need in this case to determine whether Congress has spoken sufficiently clearly to meet a “clear statement” requirement, and it is therefore irrelevant whether the Eleventh Amendment standard should be, as Missouri contends, as stringent as the one we applied for purposes of the no-interest rule in Shaw. Rather, the issue here — whether the “reasonable attorney’s fee” provided for in § 1988 should be calculated in such a manner as to include an enhancement, where appropriate, for delay in payment — is a straightfor[*282]ward matter of statutory interpretation. For this question, it is of no relevance whether the party against which fees are awarded is a State. The question is what Congress intended — not whether it manifested “the clear affirmative intent ... to waive the sovereign’s immunity.” Shaw, 478 U. S., at 321.[4]
This question is not a difficult one. We have previously explained, albeit in dicta, why an enhancement for delay in payment is, where appropriate, part of a “reasonable attorney’s fee.” In Pennsylvania v. Delaware Valley Citizens’ Council, 483 U. S. 711 (1987), we rejected an argument that a prevailing party was entitled to a fee augmentation to compensate for the risk of nonpayment. But we took care to distinguish that risk from the factor of delay:
“First is the matter of delay. When plaintiffs’ entitlement to attorney’s fees depends on success, their lawyers are not paid until a favorable decision finally eventuates, which may be years later .... Meanwhile, their expenses of doing business continue and must be met. In setting fees for prevailing counsel, the courts have regularly recognized the delay factor, either by basing the award on current rates or by adjusting the fee based on historical rates to reflect its present value. See, e. g., Sierra Club v. EPA, 248 U. S. App. D. C. 107, 120-121, 769 F. 2d 796, 809-810 (1986); Louisville Black Police Officers Organization, Inc. v. Louisville, 700 F. 2d 268, 276, 281 (CA6 1983). Although delay and the risk of nonpayment are often mentioned in the same breath, adjusting for the former is a distinct issue .... We do not suggest . . . that adjustments for delay are[*283] inconsistent with the typical fee-shifting statute.” Id., at 716.
The same conclusion is appropriate under § 1988.[5] Our cases have repeatedly stressed that attorney’s fees awarded under this statute are to be based on market rates for the services rendered. See, e. g., Blanchard v. Bergeron, 489 U. S. 87 (1989); Riverside v. Rivera, 477 U. S. 561 (1986); Blum v. Stenson, 465 U. S. 886 (1984). Clearly, compensation received several years after the services were rendered — -as it frequently is in complex civil rights litigation — is not equivalent to the same dollar amount received reasonably promptly as the legal services are performed, as would normally be the case with private billings.[6] We agree, there[*284]fore, that an appropriate adjustment for delay in payment— whether by the application of current rather than historic hourly rates or otherwise—is within the contemplation of the statute.
To summarize: We reaffirm our holding in Hutto v. Finney that the Eleventh Amendment has no application to an award of attorney’s fees, ancillary to a grant of prospective relief, against a State. It follows that the same is true for the calculation of the amount of the fee. An adjustment for delay in payment is, we hold, an appropriate factor in the determination of what constitutes a reasonable attorney’s fee under § 1988. An award against a State of a fee that includes such an enhancement for delay is not, therefore, barred by the Eleventh Amendment.
Ill
Missouri’s second contention is that the District Court erred in compensating the work of law clerks and paralegals (hereinafter collectively “paralegals”) at the market rates for their services, rather than at their cost to the attorney. While Missouri agrees that compensation for the cost of these personnel should be included in the fee award, it suggests that an hourly rate of $15—which it argued below corresponded to their salaries, benefits, and overhead—would be appropriate, rather than the market rates of $35 to $50. According to Missouri, § 1988 does not authorize billing paralegals’ hours at market rates, and doing so produces a “windfall” for the attorney.[7]
[*285] We begin with the statutory language, which provides simply for “a reasonable attorney’s fee as part of the costs.” 42 U. S. C. § 1988. Clearly, a “reasonable attorney’s fee” cannot have been meant to compensate only work performed personally by members of the bar. Rather, the term must refer to a reasonable fee for the work product of an attorney. Thus, the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to the work product for which an attorney bills her client; and it must also take account of other expenses and profit. The parties have suggested no reason why the work of paralegals should not be similarly compensated, nor can we think of any. We thus take as our starting point the self-evident proposition that the “reasonable attorney’s fee” provided for by statute should compensate the work of paralegals, as well as that of attorneys. The more difficult question is how the work of paralegals is to be valuated in calculating the overall attorney’s fee.
The statute specifies a “reasonable” fee for the attorney’s work product. In determining how other elements of the attorney’s fee are to be calculated, we have consistently looked to the marketplace as our guide to what is “reasonable.” In Blum v. Stenson, 465 U. S. 886 (1984), for example, we rejected an argument that attorney’s fees for nonprofit legal[*286] service organizations should be based on cost. We said: “The statute and legislative history establish that ‘reasonable fees’ under § 1988 are to be calculated according to the prevailing market rates in the relevant community . . . Id., at 895. See also, e. g., Delaware Valley, 483 U. S., at 732 (O’Connor, J., concurring) (controlling question concerning contingency enhancements is “how the market in a community compensates for contingency”); Rivera, 477 U. S., at 591 (Rehnquist, J., dissenting) (reasonableness of fee must be determined “in light of both the traditional billing practices in the profession, and the fundamental principle that the award of a ‘reasonable’ attorney’s fee under § 1988 means a fee that would have been deemed reasonable if billed to affluent plaintiffs by their own attorneys”). A reasonable attorney’s fee under § 1988 is one calculated on the basis of rates and practices prevailing in the relevant market, i. e., “in line with those [rates] prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation,” Blum, supra, at 896, n. 11, and one that grants the successful civil rights plaintiff a “fully compensatory fee,” Hensley v. Eckerhart, 461 U. S. 424, 435 (1983), comparable to what “is traditional with attorneys compensated by a fee-paying client.” S. Rep. No. 94-1011, p. 6 (1976).
If an attorney’s fee awarded under § 1988 is to yield the same level of compensation that would be available from the market, the “increasingly widespread custom of separately billing for the services of paralegals and law students who serve as clerks,” Ramos v. Lamm, 713 F. 2d 546, 558 (CA10 1983), must be taken into account. All else being equal, the hourly fee charged by an attorney whose rates include paralegal work in her hourly fee, or who bills separately for the work of paralegals at cost, will be higher than the hourly fee charged by an attorney competing in the same market who bills separately for the work of paralegals at “market rates.” In other words, the prevailing “market rate” for attorney time is not independent of the manner in which paralegal[*287] time is accounted for.[8] Thus, if the prevailing practice in a given community were to bill paralegal time separately at market rates, fees awarded the attorney at market rates for attorney time would not be fully compensatory if the court refused to compensate hours billed by paralegals or did so only at “cost.” Similarly, the fee awarded would be too high if the court accepted separate billing for paralegal hours in a market where that was not the custom.
We reject the argument that compensation for paralegals at rates above “cost” would yield a “windfall” for the prevailing attorney. Neither petitioners nor anyone else, to our knowledge, has ever suggested that the hourly rate applied to the work of an associate attorney in a law firm creates a windfall for the firm’s partners or is otherwise improper under § 1988, merely because it exceeds the cost of the attorney’s services. If the fees are consistent with market rates and practices, the “windfall” argument has no more force with regard to paralegals than it does for associates. And it would hardly accord with Congress’ intent to provide a “fully compensatory fee” if the prevailing plaintiff’s attorney in a civil rights lawsuit were not permitted to bill separately for paralegals, while the defense attorney in the same litigation was able to take advantage of the prevailing practice and obtain market rates for such work. Yet that is precisely the result sought in this case by the State of Missouri, which appears to have paid its own outside counsel for the work of paralegals at the hourly rate of $35. Record 2696, 2699.[9]
[*288] Nothing in § 1988 requires that the work of paralegals invariably be billed separately. If it is the practice in the relevant market not to do so, or to bill the work of paralegals only at cost, that is all that § 1988 requires. Where, however, the prevailing practice is to bill paralegal work at market rates, treating civil rights lawyers’ fee requests in the same way is not only permitted by § 1988, but also makes economic sense. By encouraging the use of lower cost paralegals rather than attorneys wherever possible, permitting market-rate billing of paralegal hours “encourages cost-effective delivery of legal services and, by reducing the spiraling cost of civil rights litigation, furthers the policies underlying civil rights statutes.” Cameo Convalescent Center, Inc. v. Senn, 738 F. 2d 836, 846 (CA7 1984), cert. denied, 469 U. S. 1106 (1985).[10]
[*289] Such separate billing appears to be the practice in most communities today.[11] In the present case, Missouri concedes that “the local market typically bills separately for paralegal services,” Tr. of Oral Arg. 14, and the District Court found that the requested hourly rates of $35 for law clerks, $40 for paralegals, and $50 for recent law graduates were the prevailing rates for such services in the Kansas City area. App. to Pet. for Cert. A29, A31, A34. Under these circumstances, the court’s decision to award separate compensation at these rates was fully in accord- with § 1988.
I — I
The courts below correctly granted a fee enhancement to compensate for delay in payment and approved compensation of paralegals and law clerks at market rates. The judgment of the Court of Appeals is therefore
Affirmed.
Justice Marshall took no part in the consideration or decision of this case.Section 1988 provides in relevant part: “In any action or proceeding to enforce a provision of sections 1981, 1982,1983, 1985, and 1986 of this title, title IX of Public Law 92-318 [20 U. S. C. § 1681 et seq.], or title VI of the Civil Rights Act of 1964 [42 U. S. C. §2000d et seq.], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
The holding of the Court of Appeals on this point, 838 F. 2d, at 265-266, is in conflict with the resolution of the same question in Rogers v. Okin, 821 F. 2d 22, 26-28 (CA1 1987), cert. denied sub nonz. Commissioner, Massachusetts Dept, of Mental Health v. Rogers, 484 U. S. 1010 (1988).
Our opinion in Shaiu does, to be sure, contain some language that, if read in isolation, might suggest a different result in this case. Most significantly, we equated compensation for delay with prejudgment interest, and observed that “[p]rejudgment interest... is considered as damages, not a component of ‘costs.’ . . . Indeed, the term ‘costs’ has never been understood to include any interest component.” Library of Congress v. Shaiu, 478 U. S. 310, 321 (1986). These observations, however, cannot be divorced from the context of the special “no-interest rule” that was at issue in Shaw. That rule, which is applicable to the immunity of the United States and is therefore not at issue here, provides an “added gloss of strictness,” id., at 318, only where the United States’ liability for interest is at issue. Our inclusion of compensation for delay within the definition of prejudgment interest in Shaiu must be understood in light of this broad proscription of interest awards against the United States. Shaw thus does not represent a general-purpose definition of compensation for delay that governs here. Outside the context of the “no-interest rule” of federal immunity, we see no reason why compensation for delay cannot be included within § 1988 attorney’s fee awards, which Hutto held to be “costs” not subject to Eleventh Amendment strictures.
We cannot share Justice O’Connor’s view that the two cases she cites, post, at 293, demonstrate the existence of an equivalent rule relating to state immunity that embodies the same ultrastrict rule of construction for interest awards that has grown up around the federal no-interest rule. Cf. Shaiu, supra, at 314-317 (discussing historical development of the federal no-interest rule).
In Shaio, which dealt with the sovereign immunity of the Federal Government, there was of course no prospective-retrospective distinction as there is when, as in Hutto and the present case, it is the Eleventh Amendment immunity of a State that is at issue.
Delaware Valley was decided under § 304(d) of the Clean Air Act, 42 U. S. C. § 7604(d). We looked for guidance, however, to § 1988 and our cases construing it. Pennsylvania v. Delaware Valley Citizens’ Council, 483 U. S. 711, 713, n. 1 (1987).
The Courts of Appeals have taken a variety of positions on this issue. Most permit separate billing of paralegal time. See, e. g., Save Our Cumberland Mountains, Inc. v. Hodel, 263 U. S. App. D. C. 409, 420, n. 7, 826 F. 2d 43, 54, n. 7 (1987), vacated in part on other grounds, 273 U. S. App. D. C. 78, 857 F. 2d 1516 (1988) (en banc); Jacobs v. Mancuso, 825 F. 2d 559, 563, and n 6 (CA1 1987) (collecting cases); Spanish Action Committee [*285] of Chicago v. Chicago, 811 F. 2d 1129, 1138 (CA7 1987); Ramos v. Lamm, 713 F. 2d 546, 558-559 (CA10 1983); Richardson v. Byrd, 709 F. 2d 1016, 1023 (CA5), cert. denied sub nom. Dallas County Commissioners Court v. Richardson, 464 U. S. 1009 (1983). See also Riverside v. Rivera, 477 U. S. 561, 566, n. 2 (1986) (noting lower court approval of hourly rate for law clerks). Some courts, on the other hand, have considered paralegal work “out-of-pocket expense,” recoverable only at cost to the attorney. See, e. g., Northcross v. Board of Education of Memphis City Schools, 611 F. 2d 624, 639 (CA6 1979), cert. denied, 447 U. S. 911 (1980); Thornberry v. Delta Air Lines, Inc., 676 F. 2d 1240, 1244 (CA9 1982), vacated, 461 U. S. 952 (1983). At least one Court of Appeals has refused to permit any recovery of paralegal expense apart from the attorney’s hourly fee. Abrams v. Baylor College of Medicine, 805 F. 2d 528, 535 (CA5 1986).
This delay, coupled with the fact that, as we recognized in Delaivare Valley, the attorney’s expenses are not deferred pending completion of the litigation, can cause considerable hardship. The present case provides an illustration. During a period of nearly three years, the demands of this case precluded attorney Benson from accepting other employment. In order to pay his staff and meet other operating expenses, he was obliged to borrow $633,000. As of January 1987, he had paid over $113,000 in interest on this debt, and was continuing to borrow to meet interest payments. Record 2336-2339; Tr. 130-131. The LDF, for its part, incurred deficits of $700,000 in 1983 and over $1 million in 1984, largely because of this case. Tr. 46. If no compensation were provided for the delay in payment, the prospect of such hardship could well deter otherwise willing attorneys from accepting complex civil rights cases that might offer great benefit to society at large; this result would work to defeat Congress’ purpose in enacting § 1988 of “encourag[ing] the enforcement of federal law through lawsuits filed by private persons.” Delaware Valley, supra, at 737 (Blackmun, J., dissenting).
We note also that we have recognized the availability of interim fee awards under § 1988 when a litigant becomes a prevailing party on one issue in the course of the litigation. Texas State Teachers Assn. v. Garland Independent School Dist., 489 U. S. 782, 791-792 (1989). In eco[*284]nomic terms, such an interim award does not differ from an enhancement for delay in payment.
The attorney who bills separately for paralegal time is merely distributing her costs and profit margin among the hourly fees of other members of her staff, rather than concentrating them in the fee she sets for her own time.
A variant of Missouri’s “windfall” argument is the following: “If paralegal expense is reimbursed at a rate many times the actual cost, will attorneys next try to bill separately — and at a profit — for such items as secretarial time, paper clips, electricity, and other expenses?” Reply Brief for Petitioners 15-16. The answer to this question is, of course, that attorneys seeking fees under § 1988 would have no basis for requesting separate[*288] compensation of such expenses unless this were the prevailing practice in the local community. The safeguard against the billing at a profit of secretarial services and paper clips is the discipline of the market.
It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher rate. Such work might include, for example, factual investigation, including locating and interviewing witnesses; assistance with depositions, interrogatories, and document production; compilation of statistical and financial data; checking legal citations; and drafting correspondence. Much such work lies in a gray area of tasks that might appropriately be performed either by an attorney or a paralegal. To the extent that fee applicants under § 1988 are not permitted to bill for the work of paralegals at market rates, it would not be surprising to see a greater amount of such work performed by attorneys themselves, thus increasing the overall cost of litigation.
Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them. What the court in Johnson v. Georgia Highway Express, Inc., 488 F. 2d 714, 717 (CA5 1974), said in regard to the work of attorneys is applicable by analogy to paralegals: “It is appropriate to distinguish between legal work, in the strict sense, and investigation, clerical work, compilation of facts and statistics and other work which can often be accomplished by non-lawyers but which a lawyer may do because he has no other help available. Such non-legal[*289] work may command a lesser rate. Its dollar value is not enhanced just because a lawyer does it.”
Amicus National Association of Legal Assistants reports that 77 percent of 1,800 legal assistants responding to a survey of the association’s membership stated that their law firms charged clients for paralegal work on an hourly billing basis. Brief for National Association of Legal Assistants as Amicus Curiae 11.
Concurrence in Part
concurring in part and dissenting in part.
I agree with the Court that 42 U. S. C. §1988 allows compensation for the work of paralegals and law clerks at market rates, and therefore join Parts I and III of its opinion. I do not join Part II, however, for in my view the Eleventh Amendment does not permit enhancement of attorney’s[*290] fees assessed against a State as compensation for delay in payment.
The Eleventh Amendment does not, of course, provide a State with across-the-board immunity from all monetary relief. Relief that “serves directly to bring an end to a violation of federal law is not barred by the Eleventh Amendment even though accompanied by a substantial ancillary effect” on a State’s treasury. Papasan v. Attain, 478 U. S. 265, 278 (1986). Thus, in Milliken v. Bradley, 433 U. S. 267, 289-290 (1977), the Court unanimously upheld a decision ordering a State to pay over $5 million to eliminate the effects of de jure segregation in certain school systems. On the other hand, “[rjelief that in essence serves to compensate a party injured in the past,” such as relief “expressly denominated as damages,” or “relief [that] is tantamount to an award of damages for a past violation of federal law, even though styled as something else,” is prohibited by the Eleventh Amendment. Papasan, supra, at 278. The crucial question in this case is whether that portion of respondents’ attorney’s fees based on current hourly rates is properly characterized as retroactive monetary relief.
In Library of Congress v. Shaw, 478 U. S. 310 (1986), the Court addressed whether the attorney’s fees provision of Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e-5(k), permits an award of attorney’s fees against the United States to be enhanced in order to compensate for delay in payment. In relevant part, § 2000e-5(k) provides:
“In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the [Equal Employment Opportunity Commission (EEOC)] or the United States, a reasonable attorney’s fees as part of the costs, and the [EEOC] and the United States shall be liable for costs the same as a private person.”
The Court began its analysis in Shaw by holding that “interest is an element of damages separate from damages on the[*291] substantive claim.” 478 U. S., at 314 (citing C. McCormick, Law of Damages § 50, p. 205 (1935)). Given the “no-interest” rule of federal sovereign immunity, under which the United States is not liable for interest absent an express statutory waiver to the contrary, the Court was unwilling to conclude that, by equating the United States’ liability to that of private persons in § 2000e-5(k), Congress had waived the United States’ immunity from interest. 478 U. S., at 314-319. The fact that § 2000e-5(k) used the word “reasonable” to modify “attorney’s fees” did not alter this result, for the Court explained that it had “consistently . . . refused to impute an intent to waive immunity from interest into the ambiguous use of a particular word or phrase in a statute.” Id., at 320. The description of attorney’s fees as costs in §2000e-5(k) also did not mandate a contrary conclusion because “[pjrejudgment interest... is considered as damages, not a component of ‘costs,’ ” and the “term ‘costs’ has never been understood to include any interest component.” Id., at 321 (emphasis added) (citing 10 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure §§2664, 2666, 2670 (2d ed. 1983); 2 A. Sedgwick & G. Van Nest, Sedgwick on Damages 157-158 (7th ed. 1880)). Finally, the Court rejected the argument that the enhancement was proper because the “no-interest” rule did not prohibit compensation for delay in payment: “Interest and a delay factor share an identical function. They are designed to compensate for the belated receipt of money.” 478 U. S., at 322.
As the Court notes, ante, at 281, n. 3, the “no-interest” rule of federal sovereign immunity at issue in Shaiu provided an “added gloss of strictness,” 478 U. S., at 318, and may have explained the residt reached by the Court in that case, i. e., that §2000e-5(k) did not waive the United States’ immunity against awards of interest. But there is not so much as a hint anywhere in Shaw that the Court’s discussions and definitions of interest and compensation for delay were dictated by, or limited to, the federal “no-interest” rule. As the[*292] quotations above illustrate, the Court’s opinion in Shaw is filled with broad, unqualified language. The dissenters in Shaw did not disagree with the Court’s sweeping characterization of interest and compensation for delay as damages. Rather, they argued only that §2000e-5(k) had waived the immunity of the United States with respect to awards of interest. See id., at 323-327 (Brennan, J., dissenting). I therefore emphatically disagree with the Court’s statement that “Shaw . . . does not represent a general-purpose definition of compensation for delay that governs here.” Ante, at 281, n. 3.
Two general propositions that are relevant here emerge from Shaw. First, interest is considered damages and not costs. Second, compensation for delay, which serves the same function as interest, is also the equivalent of damages. These two propositions make clear that enhancement for delay constitutes retroactive monetary relief barred by the Eleventh Amendment. Given my reading of Shaw, I do not think the Court’s reliance on the cost rationale of § 1988 set forth in Hutto v. Finney, 437 U. S. 678 (1978), is persuasive. Because Shaw teaches that compensation for delay constitutes damages and cannot be considered costs, see 478 U. S., at 321-322, Hutto is not controlling. See Hutto, supra, at 697, n. 27 (“[W]e do not suggest that our analysis would be the same if Congress were to expand the concept of costs beyond the traditional category of litigation expenses”). Furthermore, Hutto does not mean that inclusion of attorney’s fees as costs in a statute forecloses a challenge to the enhancement of fees as compensation for delay in payment. If it did, then Shaw would have been resolved differently, for § 2000e-5(k) lists attorney’s fees as costs.
Even if I accepted the narrow interpretation of Shaw proffered by the Court, I would disagree with the result reached by the Court in Part II of its opinion. On its own terms, the Court’s analysis fails. The Court suggests that the definitions of interest and compensation for delay set forth in Shaw [*293] would be triggered only by a rule of sovereign immunity barring awards of interest against the States: “Outside the context of the ‘no-interest rule’ of federal immunity, we see no reason why compensation for delay cannot be included within § 1988 attorney’s fee awards.” Ante, at 281, n. 3. But the Court does not inquire about whether such a rule exists. In fact, there is a federal rule barring awards of interest against States. See Virginia v. West Virginia, 238 U. S. 202, 234 (1915) (“Nor can it be deemed in derogation of the sovereignty of the State that she should be charged with interest if her agreement properly construed so provides”) (emphasis added); United States v. North Carolina, 136 U. S. 211, 221 (1890) (“general principle” is that “an obligation of the State to pay interest, whether as interest or as damages, on any debt overdue, cannot arise except by the consent and contract of the State, manifested by statute, or in a form authorized by statute”) (emphasis added). The Court has recently held that the rule of immunity set forth in Virginia and North Carolina is inapplicable in situations where the State does not retain any immunity, see West Virginia v. United States, 479 U. S. 305, 310-312 (1987) (State can be held liable for interest to the United States, against whom it has no sovereign immunity), but the rule has not otherwise been limited, and there is no reason why it should not be relevant in the Eleventh Amendment context presented in this case.
As Virginia and North Carolina indicate, a State can waive its immunity against awards of interest. See also Clark v. Barnard, 108 U. S. 436, 447 (1883). The Missouri courts have interpreted Mo. Rev. Stat. §408.020 (1979 and Supp. 1989), providing for prejudgment interest on money that becomes due and payable, and §408.040, providing for prejudgment interest on court judgments and orders, as making the State liable for interest. See Denton Construction Co. v. Missouri State Highway Comm’n, 454 S. W. 2d 44, 59-60 (Mo. 1970) (§408.020); Steppelman v. State Highway Comm’n of Missouri, 650 S. W. 2d 343, 345 (Mo. App.[*294] 1983) (§408.040). There can be no argument, however, that these Missouri statutes and cases allow interest to be awarded against the State here. A “State’s waiver of sovereign immunity in its own courts is not a waiver of the Eleventh Amendment immunity in the federal courts.” Penn-hurst State School and Hospital v. Halderman, 465 U. S. 89, 99, n. 9 (1984).
The fact that a State has immunity from awards of interest is not the end of the matter. In a case such as this one involving school desegregation, interest or compensation for delay (in the guise of current hourly rates) can theoretically be awarded against a State despite the Eleventh Amendment’s bar against retroactive monetary liability. The Court has held that Congress can set aside the States’ Eleventh Amendment immunity in order to enforce the provisions of the Fourteenth Amendment. See City of Rome v. United States, 446 U. S. 156, 179 (1980); Fitzpatrick v. Bitzer, 427 U. S. 445, 456 (1976). Congress must, however, be unequivocal in expressing its intent to abrogate that immunity. See generally Atascadero State Hospital v. Scanlon, 473 U. S. 234, 243 (1985) (“Congress must express its intention to abrogate the Eleventh Amendment in unmistakable language in the statute itself”).
In Hutto the Court was able to avoid deciding whether § 1988 met the “clear statement” rule only because attorney’s fees (without any enhancement) are not considered retroactive in nature. See 437 U. S., at 695-697. The Court cannot do the same here, where the attorney’s fees were enhanced to compensate for delay in payment. Cf. Osterneck v. Ernst & Whinney, 489 U. S. 169, 175 (1989) (“[U]nlike attorney’s fees, which at common law were regarded as an element of costs, . . . prejudgment interest traditionally has been considered part of the compensation due [the] plaintiff”).
In relevant part, § 1988 provides:
“In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title,[*295] title IX of Public Law 92-318, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
In my view, § 1988 does not meet the “clear statement” rule set forth in Atascadero. It does not mention damages, interest, compensation for delay, or current hourly rates. As one federal court has correctly noted, “Congress has not yet made any statement suggesting that a § 1988 attorney’s fee award should include prejudgment interest. ” Rogers v. Okin, 821 F. 2d 22, 27 (CA1 1987). A comparison of the statute at issue in Shaw also indicates that § 1988, as currently written, is insufficient to allow attorney’s fees assessed against a State to be enhanced to compensate for delay in payment. The language of § 1988 is undoubtedly less expansive than that of § 2000e-5(k), for § 1988 does not equate the liability of States with that of private persons. Since § 2000e-5(k) does' not allow enhancement of an award of attorney’s fees to compensate for delay, it is logical to conclude that § 1988, a more narrowly worded statute, likewise does not allow interest (through the use of current hourly rates) to be tacked on to an award of attorney’s fees against a State.
Compensation for delay in payment was one of the reasons the District Court used current hourly rates in calculating respondents’ attorney’s fees. See App. to Pet. for Cert. A26-A27; 838 F. 2d 260, 263, 265 (CA8 1988). I would reverse the award of attorney’s fees to respondents and remand so that the fees can be calculated without taking compensation for delay into account.
Dissent
dissenting.
I agree with Justice O’Connor that the Eleventh Amendment does not permit an award of attorney’s fees against a State which includes compensation for delay in payment. Unlike Justice O’Connor, however, I do not agree with the[*296] Court’s approval of the award of law clerk and paralegal fees made here.
Title 42 U. S. C. § 1988 gives the district courts discretion to allow the prevailing party in an action under 42 U. S. C. § 1983 “a reasonable attorney’s fee as part of the costs.” The Court reads this language as authorizing recovery of “a ‘reasonable’ fee for the attorney’s work product,” ante, at 285, which, the Court concludes, may include separate compensation for the services of law clerks and paralegals. But the statute itself simply uses the very familiar term “a reasonable attorney’s fee,” which to those untutored in the Court’s linguistic juggling means a fee charged for services rendered by an individual who has been licensed to practice law. Because law clerks and paralegals have not been licensed to practice law in Missouri, it is difficult to see how charges for their services may be separately billed as part of “attorney’s fees.” And since a prudent attorney customarily includes compensation for the cost of law clerk and paralegal services, like any other sort of office overhead — from secretarial staff, janitors, and librarians, to telephone service, stationery, and paper clips — in his own hourly billing rate, allowing the prevailing party to recover separate compensation for law clerk and paralegal services may result in “double recovery.”
The Court finds justification for its ruling in the fact that the prevailing practice among attorneys in Kansas City is to bill clients separately for the services of law clerks and paralegals. But I do not think Congress intended the meaning of the statutory term “attorney’s fee” to expand and contract with each and every vagary of local billing practice. Under the Court’s logic, prevailing parties could recover at market rates for the cost of secretaries, private investigators, and other types of lay personnel who assist the attorney in preparing his case, so long as they could show that the prevailing practice in the local market was to bill separately for these services. Such a result would be a sufficiently drastic departure from the traditional concept of “attorney’s fees” that I[*297] believe new statutory authorization should be required for it. That permitting separate billing of law clerk and paralegal hours at market rates might “ ‘reduc[e] the spiraling cost of civil rights litigation’ ” by encouraging attorneys to delegate to these individuals tasks which they would otherwise perform themselves at higher cost, ante, at 288, and n. 10, may be a persuasive reason for Congress to enact such additional legislation. It is not, however, a persuasive reason for us to rewrite the legislation which Congress has in fact enacted. See Badaracco v. Commissioner, 464 U. S. 386, 398 (1984) (“Courts are not authorized to rewrite a statute because they might deem its effects susceptible of improvement”).
I also disagree with the State’s suggestion that law clerk and paralegal expenses incurred by a prevailing party, if not recoverable at market rates as “attorney’s fees” under § 1988, are nonetheless recoverable at actual cost under that statute. The language of § 1988 expands the traditional definition of “costs” to include “a reasonable attorney’s fee,” but it cannot fairly be read to authorize the recovery of all other out-of-pocket expenses actually incurred by the prevailing party in the course of litigation. Absent specific statutory authorization for the recovery of such expenses, the prevailing party remains subject to the limitations on cost recovery imposed by Federal Rule of Civil Procedure 54(d) and 28 U. S. C. § 1920, which govern the taxation of costs in federal litigation where a cost-shifting statute is not applicable. Section 1920 gives the district court discretion to tax certain types of costs against the losing party in any federal litigation. The statute specifically enumerates six categories of expenses which may be taxed as costs: fees of the court clerk and marshal; fees of the court reporter; printing fees and witness fees; copying fees; certain docket fees; and fees of court-appointed experts and interpreters. We have held that this list is exclusive. Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U. S. 437 (1987). Since none of these categories can possibly be construed to include the fees of law clerks and paralegals,[*298] I would also hold that reimbursement for these expenses may not be separately awarded at actual cost.
I would therefore reverse the award of reimbursement for law clerk and paralegal expenses.