George S. Jonas v. Edward J. Stack, Etc., 758 F.2d 567 (11th Cir. 1985). · Go Syfert
George S. Jonas v. Edward J. Stack, Etc., 758 F.2d 567 (11th Cir. 1985). Cases Citing This Book View Copy Cite
41 citation events (16 in the last 25 years) across 13 distinct courts.
Strongest positive: Floride Norelus v. Denny's Inc. (ca11, 2010-12-28)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Floride Norelus v. Denny's Inc.
11th Cir. · 2010 · quote attribution · 1 verbatim quote · confidence high
a prevailing party's counsel is entitled to reasonable compensation when he litigates his own claim for entitlement to 1988 fees.
discussed Cited as authority (rule) Hybrid Pharma LLC v. Matthew Knispel (2×)
11th Cir. · 2025 · confidence medium
DISCUSSION The “primary function” of Section 1988’s fees provision “is to shift the costs of civil rights litigation from civil rights victims to civil rights violators.” Jonas v. Stack, 758 F.2d 567, 569 (11th Cir. 1985).
discussed Cited as authority (rule) James McDonough v. City of Homestead, Florida
11th Cir. · 2024 · confidence medium
We have explained that the “primary function” of Sec- tion 1988’s fees provision “is to shift the costs of civil rights litiga- tion from civil rights victims to civil rights violators.” Jonas v. Stack, 758 F.2d 567, 569 (11th Cir. 1985).
discussed Cited as authority (rule) Norelus v. Denny's, Inc. (2×)
11th Cir. · 2010 · confidence medium
See, e.g., Jackson v. State Bd. of Pardons & Paroles, 331 F.3d 790, 798-99 (11th Cir.2003) (holding “that fees-on-fees are recoverable under” the Prison Litigation Reform Act of 1995, 42 U.S.C. § 1997 (e)(d)(1)(A)); Jean v. Nelson, 863 F.2d 759, 780 (11th Cir.1988) (holding “that the United States may not oppose a ‘fees for fees’ request [under the Equal Access to Justice Act, 28 U.S.C. § 2412 ,] solely on the ground that its position in the fee litigation was substantially justified”); Jonas v. Stack, 758 F.2d 567, 568 (11th Cir.1985) (“[A] prevailing party’s counsel is enti…
discussed Cited as authority (rule) AT&T Wireless PCS Inc. v. City of Atlanta
11th Cir. · 2000 · confidence medium
In discussing the policy considerations underlying that provision, we have observed that its “primary function is to shift the costs of civil rights litigation from civil rights victims to civil rights violators.” Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited as authority (rule) Mallory v. Harkness
S.D. Fla. · 1996 · confidence medium
The Plaintiff cites Jonas v. Stack, 758 F.2d 567, 568 (11th Cir.1985) in support of the supplemental fee request.
cited Cited as authority (rule) Corn v. City of Lauderdale Lakes
S.D. Fla. · 1992 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited as authority (rule) Cefali v. Buffalo Brass Co., Inc.
W.D.N.Y. · 1990 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited as authority (rule) Lawrence R. Alberti, Cross-Appellants v. Johnny Klevenhagen, Cross-Appellees
5th Cir. · 1990 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited as authority (rule) Robinson v. Alabama State Department of Education
M.D. Ala. · 1989 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited as authority (rule) Knop v. Johnson
W.D. Mich. · 1989 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985); Grendel’s Den Inc. v. Larkin, 749 F.2d 945, 958 (1st Cir.1984).
cited Cited as authority (rule) Mayberry v. Walters
3rd Cir. · 1988 · confidence medium
Thus, such petitions are generally filed by the party and that is the preferred procedure, Jones v. Stack, 758 F.2d 567, 570, n. 7 (11th Cir.1985).
cited Cited as authority (rule) Mayberry v. Walters
3rd Cir. · 1988 · confidence medium
Thus, such petitions are generally filed by the party and that is the preferred procedure, Jones v. Stack, 758 F.2d 567, 570, n. 7 (11th Cir.1985).
cited Cited as authority (rule) Alberti v. Sheriff of Harris County
S.D. Tex. · 1987 · confidence medium
Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
cited Cited "see" American Charities for Reasonable Fundraising Regulation, Inc. v. Pinellas County
M.D. Fla. · 2003 · signal: see · confidence high
See Jonas v. Stack, 758 F.2d 567, 568 (11th Cir.1985).
discussed Cited "see" Flannery v. Prentice (2×)
Cal. · 2001 · signal: see · confidence high
It did not prevent the party from waiving this eligibility any more than it legislated against assignment of this right to an attorney . . . ." { Jeff D., supra, 475 U. S. at pp. 730-731, 106 S.Ct. 1531 , fns. omitted.) Although shifting the cost of plaintiffs' attorney fees to defendants was intended "to attract competent counsel to represent citizens deprived of their civil rights," the high court stressed that Congress had not "bestowed fee awards upon attorneys " but rather included entitlement to counsel fees among "the arsenal of remedies available to combat violations of civil rights, a…
cited Cited "see" Villano v. City of Boynton Beach
11th Cir. · 2001 · signal: see · confidence high
See Jonas v. Stack, 758 F.2d 567, 568 (11th Cir. 1985).
discussed Cited "see" Villano v. City of Boynton Beach (2×)
11th Cir. · 2001 · signal: see · confidence high
See Jonas v. Stack, 758 F.2d 567, 568 (11th Cir.1985).
cited Cited "see" Richardson v. Alabama State Board of Education
11th Cir. · 1991 · signal: see · confidence high
See Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985).
discussed Cited "see" Alice Richardson v. Alabama State Board of Education, Lamar County Board of Education L.C. Steedley, Individually and in His Capacity as Superintendent of the Lamar County Board of Education Charles L. Cook Dennis Knight Dale McNeeds Jerry Minor and Ricky Perkins, Alice Richardson v. Alabama State Board of Education, Lamar County Board of Education L.C. Steedley, Individually and in His Capacity as Superintendent of the Lamar County Board of Education Charles L. Cook Dennis Knight
11th Cir. · 1991 · signal: see · confidence high
See Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985). 26 For the foregoing reasons, the judgment of the district court and the award of equitable relief, damages and fees is 27 AFFIRMED. 1 The certification test had two components, a Basic Professional Studies test and a field test in a particular subject area.
discussed Cited "see, e.g." Coleman Jackson v. State Board of Pardons and Paroles, Dept. of Offender Rehabilitation of the State of Georgia
11th Cir. · 2003 · signal: see also · confidence medium
Hernandez, 146 F.3d at 200 ; see also Jonas v. Stack, 758 F.2d 567, 568 (11th Cir.1985) (“[A] prevailing party’s counsel is entitled to reasonable compensation when he litigates his own claim for entitlement to § 1988 fees.”).
discussed Cited "see, e.g." Panola Land Buying Association v. Clark
11th Cir. · 1988 · signal: see also · confidence low
As one commentator has remarked, in James, the court "clearly held that the right to fees is the lawyer's, not the client's." Comment, Settlement Offers Conditioned Upon Waiver of Attorneys' Fees: Policy, Legal, and Ethical Considerations, 131 U.Pa.L.Rev. 793, 813 (1983). 4 111 It is true that the federal courts "routinely characterize the entitlement of statutory fees as belonging to the prevailing party." Id.; see also Jonas v. Stack, 758 F.2d 567 , 570 n. 7 (11th Cir.1985) (construing 42 U.S.C.
discussed Cited "see, e.g." Panola Land Buying Ass'n v. Clark
11th Cir. · 1988 · signal: see also · confidence low
As one commentator has remarked, in James , the court “clearly held that the right to fees is the lawyer’s, not the client’s.” Comment, Settlement Offers Conditioned Upon Waiver of Attorneys’ Fees: Policy, Legal, and Ethical Considerations, 131 U.Pa.L.Rev. 793, 813 (1983). 4 It is true that the federal courts “routinely characterize the entitlement of statutory fees as belonging to the prevailing party.” Id.; see also Jonas v. Stack, 758 F.2d 567 , 570 n. 7 (11th Cir.1985) (construing 42 U.S.C. § 1988 ).
discussed Cited "see, e.g." Evans v. Jeff D. Ex Rel. Johnson (2×)
SCOTUS · 1986 · signal: see, e.g. · confidence medium
See, e. g., Jonas v. Stack, 758 F. 2d 567, 570, n. 7 (CA11 1985) ("Strict conformity to the language of [§ 1988] would require that the [fee] application be made by the attorney in the name of his client, the prevailing party.
discussed Cited "see, e.g." Elizabeth D. Duncan v. David B. Poythress (2×)
11th Cir. · 1985 · signal: see also · confidence medium
See also Jonas v. Stack, 758 F.2d 567, 569 (11th Cir.1985) (section 1988 "provides an incentive for both citizens and members of the bar to act as 'private attorneys general’ to insure effective enforcement of these civil rights laws") (citing Dowdell). .
Retrieving the full opinion text from the archive…
George S. JONAS, Et Al., Plaintiffs-Appellants,
v.
Edward J. STACK, Etc., Et Al., Defendants-Appellees
83-5390.
Court of Appeals for the Eleventh Circuit.
Apr 19, 1985.
758 F.2d 567
1985 U.S. App. LEXIS 29148
Green, Eisenberg & Cohen, James K. Green, West Palm Beach, Fla., David M. Lipman, Miami, Fla., for plaintiff’s attorney Andrew Mavrides., Price & Bryne, Alexander Cocalis, Chief Trial Counsel, Fort Lauderdale, Fla., for defendants-appellees.
Tjoflat, Vance, Atkins.
Cited by 35 opinions  |  Published
[*568] VANCE, Circuit Judge:

This appeal requires us to determine whether an attorney who successfully prosecutes another attorney’s application for fees under the Civil Rights Attorneys’ Fees Awards Act (Act), 42 U.S.C. § 1988, may thereupon request compensation for his own services under the same statute. Although we conclude that such representation constitutes a service which may be compensable within the meaning of the Act, we also conclude that the award may be made only to counsel who actually represented the prevailing party. Accordingly, we dismiss this appeal because it and the fee request in the lower court were brought by fee counsel rather than counsel to the prevailing parties.

In April 1976, a Florida district court appointed Mr. Andrew Mavrides to represent the inmates of the Broward County Jail in their civil rights suit concerning confinement conditions. After six years of litigation, Mavrides filed a motion for $252,255.35 in attorney’s fees and costs pursuant to 42 U.S.C. § 1988. [1] The motion was accompanied by the required supporting memorandum [2] and a detailed breakdown of Mavrides’ costs, expenses and time. The defendants filed a motion in response, acknowledging that Mavrides was entitled to some compensation but contending that the amount should be only $29,430 in fees and $90.80 in costs. The defendants also requested that the court hold an evidentiary hearing on the fee issue. Mavrides apparently concluded that he was unable to represent himself adequately in the face of this opposition, and without consulting the court hired Mr. James Green to prosecute his fee application. As a result of Green’s representation, Mavrides was awarded $89,850 in fees and $2,936.80 in costs. [3] Later, Green filed a § 1988 fee application, purportedly in Mavrides’ name, seeking compensation for his services in representing Mavrides. The district court denied Green’s application with the following order:

THIS CAUSE having come before the Court on the motion of James K. Green for Attorney’s fees, and the Court having considered the record in this cause and being otherwise advised in the premises, ' it is
ORDERED AND ADJUDGED that said motion be, and it is hereby, DENIED. Mr. Green did not represent the plaintiff class but rather represented Mr. Mavrides.

Green, who now has hired a third lawyer to prosecute his claim, then filed an appeal in his own name asking us to reverse the district court’s order and to remand for appropriate proceedings to determine his reasonable fees and expenses. [4]

This court has held that a prevailing party’s counsel is entitled to reasonable compensation when he litigates his own claim for entitlement to § 1988 fees. E.g., Johnson v. University College of the University of Alabama in Birmingham, 706 F.2d 1205, 1207 (11th Cir.1983); Johnson v. Mississippi, 606 F.2d 635, 637-39 (5th Cir. 1979). Mavrides, would, therefore, be entitled to reasonable compensation for all time reasonably spent had he litigated his own fee application. He chose, however, to hire Green to press his claim after it became clear that the defendants intended to oppose his application. The threshold issue is whether such representation constitutes a compensable service within the meaning[*569] of the Act [5] . We join a number of other courts in concluding that it does. See Shadis v. Beal, 703 F.2d 71, 72-73 (3d Cir.1983); Grendel’s Den, Inc. v. Larkin, 582 F.Supp. 1220, 1231 (D.Mass.1984); Institutionalized Juveniles v. Secretary of Pub. Welfare, 568 F.Supp. 1020, 1034 (E.D. Pa.1983),

We are guided to this conclusion by an examination of the policy considerations underlying the Act. The Act’s primary function is to shift the costs of civil rights litigation from civil rights victims to civil rights violators. Dowdell v. City of Apopka, Florida, 698 F.2d 1181, 1189 (11th Cir. 1983). Its legislative history articulates two justifications for the cost-shifting mechanism. First, the mechanism affords civil rights victims effective access to the courts by making it financially feasible for them to challenge civil rights violations. Second, it provides an incentive for both citizens and members of the bar to act as “private attorneys general” to ensure effective enforcement of the civil rights laws. Id. (citing H.R.Rep. No. 1558, 94th Cong., 2d Sess. 1 (1976) and S.Rep. No. 1011, 94th Cong., 2d Sess. 1, 3 reprinted in 1976 U.S.Code Cong. & Ad.News 5908, 5910).

We have recognized that the Act’s success in achieving its purposes depends on whether the cost-shifting mechanism reimburses costs and fees on a par with what the attorney would otherwise receive from fee-paying clients. Dowdell, 698 F.2d at 1190. Were we to institute an absolute ban on recovery for expenses incurred by a lawyer who finds it necessary to hire counsel to prosecute his fee application, the profitability of handling civil rights cases would be reduced, since he would then have to absorb an expense not generally associated with other types of litigation. If Green’s services were not compensable in this case, for example, Mavrides would have to pay Green’s fee out of his own pocket and his real income for handling the case would be reduced significantly. Such reduced profitability would in turn channel lawyers away from civil rights suits towards more remunerative types of litigation, thereby diminishing the enforcement of the civil rights laws and decreasing victims’ opportunity to gain redress. Id. Given this result, we find it more consistent with the goals of the Act to permit an attorney to be compensated for the costs reasonably incurred in hiring another to prosecute his fee application.

In reaching this conclusion we do not mean to imply that it is appropriate in every case for an attorney to hire counsel to prosecute his § 1988 fee application. On the contrary, we envision these cases to be the exception and not the rule. The propriety of passing any litigation costs on to the defendant under § 1988 remains subject to this circuit’s requirement that the costs be justified by the necessities of the case. Dowdell, 698 F.2d at 1191. Whether fee counsel’s services are justified in a particular instance remains within the sound discretion of the trial court. [6]

We now turn our consideration to the issue of whether Green had standing to file the petition for attorney’s fees. He and his counsel are strangers to the litigation in the sense that they are neither parties nor attorneys of record for any party. The Act calls for awards to be made to a “prevailing party.” We can find nothing in the Act or its legislative history which suggests that Congress contemplated that an attorney who did not actually represent the prevailing party would be able to file a fee application on his own motion. We do not believe, therefore, that the meaning of the term “prevailing party”[*570] as it is used in the Act can be expanded to encompass an attorney who has no connection with the principal case aside from his prosecution of the fee issue. The proper procedure is for the attorney who benefits from the representation to supplement his own fee application to include the costs and expenses that he has incurred by retaining fee counsel. [7] In this case, then, Mavrides is the proper individual to request compensation for Green’s expenses. We dismiss this appeal in light of Mr. Green’s lack of standing to file the motion for fees in the district court or to file an appeal to this court.

DISMISSED.

1

. The case had not reached final judgment at the time Mavrides filed his motion, but the court had entered numerous orders in the plaintiffs’ favor and had ruled for them on the basic issue of whether conditions in the jail met constitutional standards at the time of filing and during the pendency of the lawsuit.

2

. The accompanying memorandum dealt with the twelve factors of Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974), which must be considered in all fee cases in this circuit.

3

. The validity and amount of the award to Mavrides are not challenged.

4

. Green also asks us to require the district court to determine an appropriate award of fees and expenses for his lawyer on this appeal.

5

. We express no opinion as to whether Mavrides acted properly in hiring Green to represent him on the fee application. This determination is one properly left in the first instance to the trial court.

6

. Those attorneys who feel the need to hire counsel would be well-advised to raise the issue with the court prior to taking such action. Otherwise they run the risk that the trial court may determine that the necessities of the case did not justify retaining special fee counsel. We are unwilling, however, to make prior consultation with and approval by the trial court a prerequisite to recovery.

7

. Strict conformity to the language of the statute would require that the application be made by the attorney in the name of his client, the prevailing party. We consider this to be the procedure of choice, since it ensures that awards made under the Act compensate their intended beneficiaries. We are aware that in some instances courts have awarded attorney's fees to an individual attorney rather than to the prevailing party. See, e.g., Shadis v. Beal, 692 F.2d 924 (3rd Cir.1982); cf. Dennis v. Chang, 611 F.2d 1302, 1309 (9th Cir.1980). In these cases, however, the awarded fees compensated the attorney for services rendered directly to the prevailing party.