26 Fair empl.prac.cas. 1260, 22 Empl. Prac. Dec. P 30,723 Joseph Hardy, Cross-Appellant v. Leon L. Porter, Jr., Individually, & as Members of Bd. of Trs. of Clarksdale Mun. Separate Sch. Dist., Cross-Appellees, 613 F.2d 112 (5th Cir. 1980). · Go Syfert
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26 Fair empl.prac.cas. 1260, 22 Empl. Prac. Dec. P 30,723 Joseph Hardy, Cross-Appellant v. Leon L. Porter, Jr., Individually, & as Members of Bd. of Trs. of Clarksdale Mun. Separate Sch. Dist., Cross-Appellees, 613 F.2d 112 (5th Cir. 1980). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1982 · …the court must consider the relationship of the claims that resulted in judgment with the claims that were rejected and the contribution, if any, made to success by the investigation and prosecution of the entire case. ⚠ not in text
37 citation events across 10 distinct courts.
Strongest positive: Joe L. Lujan v. Franklin County Board of Education (ca6, 1985-06-17)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Joe L. Lujan v. Franklin County Board of Education (2×)
6th Cir. · 1985 · confidence medium
See, e.g., Knighton v. Laurens County School District No. 56, 721 F.2d 976, 978 (4th Cir.1983); Harris v. Birmingham Board of Education, 712 F.2d 1377, 1383 (11th Cir.1983); Evans v. Harnett County Board of Education, 684 F.2d 304, 307 (4th Cir.1982); Lee v. Conecuh County Board of Education, 634 F.2d 959, 963 (5th Cir.1981); Castaneda v. Pickard, 648 F.2d 989, 994 (5th Cir.1981); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980); McFerren v. County Board of Education, 455 F.2d 199 , 201 (6th Cir.), cert. denied, 407 U.S. 934 , 92 S.Ct. 2461 , 32 L.Ed.2d 817 (1972); Rolfe v. County Board of Ed…
discussed Cited as authority (rule) Rufus Harris, Jr., Bobby Minard, George C. Moore v. Birmingham Board of Education
11th Cir. · 1983 · confidence medium
This circuit has also stated that “[p]roof of an immediate past history of racial discrimination alone can be sufficient to shift to the local board of education the burden of justifying its employment decisions by clear and convincing evidence.” Lee v. Conecuh County Board of Education, 634 F.2d 959, 963 (5th Cir. 1981); Lee v. Washington County Board of Education, 625 F.2d 1235, 1237 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980).
cited Cited as authority (rule) Jewel King v. Shirley S. McCord Individually and D/B/A McCord Grocery
11th Cir. · 1983 · confidence medium
Familias Unidas v. Briscoe, 619 F.2d 391, 406 (5th Cir.1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980).
discussed Cited as authority (rule) Marion v. Barrier
11th Cir. · 1982 · confidence medium
The Fifth Circuit has clearly approved the method of computing attorney's fees that limits compensation to "work performed on the issues on which [the attorney] was successful." Familias Unidas v. Briscoe, 619 F.2d 391, 406 (5th Cir.1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980).
discussed Cited as authority (rule) Marion v. Barrier
11th Cir. · 1982 · confidence medium
The Fifth Circuit has clearly approved the method of computing attorney’s fees that limits compensation to “work performed on the issues on which [the attorney] was successful.” Familias Unidas v. Briscoe, 619 F.2d 391, 406 (5th Cir.1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980).
discussed Cited as authority (rule) Espinoza v. Hillwood Square Mutual Ass'n
E.D. Va. · 1982 · confidence medium
Ledbetter v. Jones, — U.S. —, 102 S.Ct. 27 , —L.Ed.2d — (1981); Miller v. Carson, 628 F.2d 346, 348 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980); Lamphere v. Brown University, 610 F.2d 46, 47 (1st Cir. 1979).
cited Cited as authority (rule) Robinson v. Kimbrough
5th Cir. · 1981 · confidence medium
Miller v. Carson, 628 F.2d 346 (5th Cir. 1980); Familias Unidas v. Briscoe, 619 F.2d 391, 392, 405-06 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980).
cited Cited as authority (rule) Robinson v. Kimbrough
5th Cir. · 1981 · confidence medium
Miller v. Carson, 628 F.2d 346 (5th Cir. 1980); Familias Unidas v. Briscoe, 619 F.2d 391, 392, 405-06 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980).
discussed Cited as authority (rule) Dunten v. Kibler
N.D. Ga. · 1981 · confidence medium
The court has held also that “to the extent preparation for successful and unsuccessful claims overlapped, fees should be awarded for this work.” Familias Unidas, supra, 619 F.2d at 406 ; Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980).
cited Cited as authority (rule) Jones v. United States
E.D. Tex. · 1980 · confidence medium
See Familias Unidas v. Briscoe, 619 F.2d 391, 406 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980).
cited Cited as authority (rule) Richard Franklin Miller v. Dale Carson, Etc.
5th Cir. · 1980 · confidence medium
Familias Unidas v. Briscoe, 619 F.2d 391, 406 (5th Cir. 1980); Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980). 4 .
cited Cited "see" Hammond v. Rapides Parish School Board
W.D. La. · 1984 · signal: accord · confidence high
Accord, Hardy v. Porter, 613 F.2d 112, 113 (5th Cir.1980).
cited Cited "see" Houston M. Evans v. The Harnett County Board of Education
4th Cir. · 1982 · signal: see · confidence high
See Hardy v. Porter, 613 F.2d 112 (5th Cir. 1980).
cited Cited "see" Lee v. Conecuh County Board of Education
5th Cir. · 1981 · signal: accord · confidence high
Accord, Hardy v. Porter, 613 F.2d 112, 113 (5th Cir. 1980).
discussed Cited "see" 26 Fair empl.prac.cas. 1251, 25 Empl. Prac. Dec. P 31,520 Anthony T. Lee, United States of America, Plaintiff-Intervenor v. Conecuh County Board of Education, Samuel T. Gantt, Plaintiff-Intervenor-Appellant
5th Cir. · 1981 · signal: accord · confidence high
Accord, Hardy v. Porter, 613 F.2d 112, 113 (5th Cir. 1980). 13 The defendants' ability to prove legitimate reasons for their decision not to promote Gantt was undermined by their failure to adopt written, objective nonracial criteria for selecting principals.
discussed Cited "see" Wells v. Hutchinson
E.D. Tex. · 1980 · signal: see · confidence high
See Hardy v. Porter, 613 F.2d 112 (5th Cir. 1980); Caliborne v. Illinois Central Railroad, 583 F.2d 143 (5th Cir. 1978); Garner v. Giarrusso, 571 F.2d 1330 (5th Cir. 1978); Corley v. Jackson Police Department, 566 F.2d 994 (5th Cir. 1978); Gamble v. Birmingham Southern Railroad, 514 F.2d 678 (5th Cir. 1975). 27 .
discussed Cited "see" Familias Unidas, an Unincorporated Association, and Irma Torrez v. Dolph Briscoe
5th Cir. · 1980 · signal: see · confidence high
See Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980) (plaintiffs entitled to attorney’s fees only for issues on which they prevailed, but to the extent preparation for successful and unsuccessful claims overlapped, fees should be awarded for this work).
cited Cited "see, e.g." Leroy v. City of Houston
S.D. Tex. · 1986 · signal: see also · confidence medium
See also Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980) (lawyers should be compensated for work done on unsuccessful issue in litigation when work aids in prosecution of successful claim).
cited Cited "see, e.g." Leroy v. City of Houston
S.D. Tex. · 1986 · signal: see also · confidence medium
See also Hardy v. Porter, 613 F.2d 112, 114 (5th Cir.1980) (lawyers should be compensated for work done on unsuccessful issue in litigation when work aids in prosecution of successful claim).
discussed Cited "see, e.g." Donald Price and Melvin E. Price, Minors v. The Denison Independent School District (2×)
5th Cir. · 1983 · signal: see also · confidence medium
See also the district court opinion in Hardy v. Porter, 443 F.Supp. 1164, 1172 (N.D.Miss.1977), affirmed and opinion approved, 613 F.2d 112, 114 (5th Cir.1980).
cited Cited "see, e.g." Robert Lee Wilson v. Irvin T. Taylor, as Acting Chairman and Examiner, Civil Service Board
5th Cir. · 1981 · signal: see also · confidence medium
Familias Unidas v. Briscoe, supra; see also Hardy v. Porter, 613 F.2d 112, 114 (5th Cir. 1980).
cited Cited "see, e.g." Robinson v. Kimbrough
5th Cir. · 1980 · signal: see also · confidence medium
Johnson v. Mississippi, supra, 606 F.2d at 637-39; see also Hardy v. Porter, 613 F.2d 112 at 114 (5th Cir. 1980).
cited Cited "see, e.g." Robinson v. Kimbrough
5th Cir. · 1980 · signal: see also · confidence medium
Johnson v. Mississippi, supra, 606 F.2d at 637-39; see also Hardy v. Porter, 613 F.2d 112 at 114 (5th Cir.1980).
Retrieving the full opinion text from the archive…
26 Fair empl.prac.cas. 1260, 22 Empl. Prac. Dec. P 30,723 Joseph Hardy, Cross-Appellant
v.
Leon L. Porter, Jr., Individually, and as Members of Board of Trustees of Clarksdale Municipal Separate School District, Cross-Appellees
78-1528.
Court of Appeals for the Fifth Circuit.
Mar 7, 1980.
613 F.2d 112
Cited by 1 opinion  |  Published

613 F.2d 112

26 Fair Empl.Prac.Cas. 1260,
22 Empl. Prac. Dec. P 30,723
Joseph HARDY, Plaintiff-Appellee Cross-Appellant,
v.
Leon L. PORTER, Jr. et al., Individually, and as Members of
Board of Trustees of Clarksdale Municipal Separate
School District, Defendants-Appellants
Cross-Appellees.

No. 78-1528.

United States Court of Appeals,
Fifth Circuit.

March 7, 1980.

Semmes Luckett, Clarksdale, Miss., for defendants-appellants cross-appellees.

Fred L. Banks, Jackson, Miss., Jack Greenberg, New York City, for plaintiff-appellee cross-appellant.

Appeals from the United States District Court for the Northern District of Mississippi.

Before HILL, KRAVITCH, and THOMAS A. CLARK, Circuit Judges.

JAMES C. HILL, Circuit Judge:

[*~112]1

Plaintiff Joseph Hardy was the principal of an all-black high school in Clarksdale, Mississippi. In 1970, pursuant to a desegregation order, the school was consolidated with an all-white high school. Hardy accepted the post of assistant principal of the new school, and served in that capacity until he voluntarily resigned in June of 1971. In 1972 and again in 1974 a vacancy occurred in the principalship of the consolidated high school. Hardy applied for the post on both occasions but was not hired.

2

In 1974 Hardy commenced this suit against various officials of the Clarksdale school district. The complaint alleged that his demotion to assistant principal in 1970 was not based on "objective and reasonable nondiscriminatory standards" as required by Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211, 1218 (5th Cir. 1969), and that he was denied the post of principal in 1972 and 1974 because of his race. The district court held that Hardy lost any Singleton rights he might have had when he voluntarily resigned from the school system in 1971. That finding was affirmed by this Court on February 10, 1977. Hardy v. Porter, 546 F.2d 1165 (5th Cir. 1977). As to plaintiff's racial discrimination claim, the district court "was 'not persuaded' that defendants' decisions concerning plaintiff were racially motivated." Id. at 1168. Because the trial judge apparently had not considered the burden of proof rule articulated in Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548 (1973), we remanded for further proceedings on the racial discrimination claim.

3

After taking additional evidence, the district court found that the defendants had followed a "consistent pattern of hiring blacks as administrators for formerly black schools and white administrators for the so-called 'white' schools . . . ." 443 F.Supp. 1164, 1173 (N.D.Miss.1977). The court correctly noted that this evidence of recent discrimination in the school system made out a prima facie case of discrimination in the failure to hire Hardy, and shifted to the defendants the burden of proving by clear and convincing evidence that their actions with regard to Hardy were not racially motivated. Id. at 1171; See Keyes v. School District No. 1, 413 U.S. at 208, 93 S.Ct. at 2697; Barnes v. Jones County School District, 575 F.2d 490, 492 (5th Cir. 1978); Hereford v. Huntsville Board of Education, 574 F.2d 268, 270 (5th Cir. 1978). Concluding that the defendants failed to carry their burden, the court awarded Hardy back pay and attorneys' fees, and ordered the defendants to offer Hardy the principalship of the high school whenever that post became vacant. 443 F.Supp. at 1174.

4

We have carefully reviewed the record and are persuaded that the district court's findings of fact are far from clearly erroneous and that its conclusions of law are supported by substantial evidence. On the issue of liability, we affirm on the basis of the court's thorough memorandum opinion.

5

With respect to attorneys' fees, plaintiff contends that the award is unreasonably low. The attorneys requested compensation for more than 200 hours at the rate of $100 per hour. The district court allowed the attorneys 65 hours at $45 per hour and 45 hours at $30 per hour. We find no abuse of discretion in the rates fixed by the court or in the finding that the case did not require the services of more than one attorney. Nonetheless, a remand is necessary. Although the court correctly stated in its order that the attorneys are not entitled to fees for time spent unsuccessfully pursuing Hardy's Singleton claim, it is not clear that the court considered the possibility that some of the evidence gathered in preparing the case on that issue also was relevant to the racial discrimination claim. If there was any overlap, the attorneys should be compensated for the time spent gathering that evidence. We leave the decision whether to take additional evidence to the discretion of the district court.

[*~113]6

AFFIRMED and REMANDED.