section 1988 fees in New Mexico

1990Auth., 479 U.S. 418 , 107 S.Ct. 766 , 93 L.Ed.2d 781 (1987) (Section 1983 provided for suit based on federal right secured by Brooke Amendment to the Housing Act of 1937); Pennhurst State School & Hosp. v. Halderman, 451 U.S. 1 , 101 S.Ct. 1531 , 67 L.Ed.2d 694 (1981) (no federal right created by Developmentally Disabled Assistance and Bill of Rights Act on which to base Section 1983 suit); Maine v. Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980) (Section 1988 provided for award of attorney fees in Section 1983 suit challenging state’s interpretation of federal legislation provi

1990Auth., 479 U.S. 418 , 107 S.Ct. 766 , 93 L.Ed.2d 781 (1987) (Section 1983 provided for suit based on federal right secured by Brooke Amendment to the Housing Act of 1937); Pennhurst State School & Hosp. v. Halderman, 451 U.S. 1 , 101 S.Ct. 1531 , 67 L.Ed.2d 694 (1981) (no federal right created by Developmentally Disabled Assistance and Bill of Rights Act on which to base Section 1983 suit); Maine v. Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980) (Section 1988 provided for award of attorney fees in Section 1983 suit challenging state’s interpretation of federal legislation provi

1998See Kelly v. City of Leesville, 897 F.2d 172, 176-77 (5th Cir.1990); Garcia v. Las Vegas Med.

1994See Kelly v. City of Leesville, 897 F.2d 172, 176-77 (5th Cir.1990); Gagne v. Town of Enfield, 734 F.2d 902, 904 (2d Cir.1984).

2009Federal law permits the prevailing party to recover attorney fees under Section 1988, and fees may include "reasonable out-of-pocket expenses not normally absorbed as part of law firm overhead." Brown v. Gray, 227 F.3d 1278, 1297 (10th Cir.2000).

2009Federal law permits the prevailing party to recover attorney fees under Section 1988, and fees may include “reasonable out-of-pocket expenses not normally absorbed as part of law firm overhead.” Brown v. Gray, 227 F.3d 1278, 1297 (10th Cir.2000).

2009See § 1988 (permitting the recovery of expert witness fees in proceedings to enforce the provisions of 42 U.S.C. §§ 1981 or 1981a (2000)—but omitting reference to Section 1983); see also James v. Sears, Roebuck & Co., 21 F.3d 989, 995 (10th Cir.1994) ("There must be an explicit statutory authorization before expert witness fees will be awarded.").

2009See § 1988 (permitting the recovery of expert witness fees in proceedings to enforce the provisions of 42 U.S.C. §§ 1981 or 1981a (2000) — but omitting reference to Section 1983); see also James v. Sears, Roebuck & Co., 21 F.3d 989, 995 (10th Cir.1994) (“There must be an explicit statutory authorization before expert witness fees will be awarded.”).

2000While it is true, as Plaintiffs suggest, that we did not require time records for attorney’s fees in Lucero v. Aladdin Beauty Colleges, Inc., 117 N.M. 269, 271 , 871 P.2d 365, 367 (1994), those fees were awarded pursuant to our state’s Human Rights Act, rather than federal statute, and, more importantly, were tabulated according to a method other than the federally mandated lodestar method.

2000While it is true, as Plaintiffs suggest, that we did not require time records for attorney’s fees in Lucero v. Aladdin Beauty Colleges, Inc., 117 N.M. 269, 271 , 871 P.2d 365, 367 (1994), those fees were awarded pursuant to our state’s Human Rights Act, rather than federal statute, and, more importantly, were tabulated according to a method other than the federally mandated lodestar method.

1994See Kelly v. City of Leesville, 897 F.2d 172, 176-77 (5th Cir.1990); Gagne v. Town of Enfield, 734 F.2d 902, 904 (2d Cir.1984).

1994See Kelly v. City of Leesville, 897 F.2d 172, 176-77 (5th Cir.1990); Gagne v. Town of Enfield, 734 F.2d 902, 904 (2d Cir.1984).

2015Planning & Zoning Comm’n, 1994-NMCA-157 , ¶ 44, 119 N.M. 334 , 890 P.2d 395 .

2015Planning & Zoning Comm’n, 1994-NMCA-157 , ¶ 44, 119 N.M. 334 , 890 P.2d 395 .

1996In Chapman v. Luna, 102 N.M. 768, 770 , 701 P.2d 367, 369 (1985), cert. denied, 474 U.S. 947 , 106 S.Ct. 345 , 88 L.Ed.2d 292 (1985), our Supreme Court held that 42 U.S.C. § 1988 attorney fees should not be awarded in the absence of a complaint pleading 42 U.S.C. § 1983 or a federal constitutional violation specifically.

1996In Chapman v. Luna, 102 N.M. 768, 770 , 701 P.2d 367, 369 (1985), cert. denied, 474 U.S. 947 , 106 S.Ct. 345 , 88 L.Ed.2d 292 (1985), our Supreme Court held that 42 U.S.C. § 1988 attorney fees should not be awarded in the absence of a complaint pleading 42 U.S.C. § 1983 or a federal constitutional violation specifically.

2019Comm’rs of Jefferson Cty., 451 F.3d 1097, 1103 (10th Cir. 2006) (“Most circuits recognize that some settlement agreements, even though not explicitly labeled as a ‘consent decree’ may confer ‘prevailing party’ status, if they are sufficiently analogous to a consent decree.” (internal quotation marks and citation omitted)), the fact remains that the litigation in this case did not produce the court-ordered change in the legal relationship between Plaintiffs and the Board necessary for Plaintiffs to receive a fee award under § 1988. {17} Plaintiffs argue that the election-related changes to the

2000See Kennedy, 1998-NMCA-051, ¶66 , 124 N.M. 764 , 955 P.2d 693 .

2000See Kennedy, 1998-NMCA-051, ¶66 , 124 N.M. 764 , 955 P.2d 693 .

2000The party seeking fees pursuant to Section 1988 has the burden of proving the number of hours spent on the case by means of “meticulous, contemporaneous time records that reveal, for each lawyer for whom fees are sought, all hours for which compensation is requested and how those hours were allotted to specific tasks.” United Phosphorus, 205 F.3d at 1233 (quoting Case, 157 F.3d at 1250 ).

2000See United Phosphorus Ltd. v. Midland Fumigant, Inc., 205 F.3d 1219, 1233 (10th Cir.2000); Case v. Unified Sch.

2000See Carter v. Sedgwick County, Kan., 929 F.2d 1501, 1506 (10th Cir.1991). {37} Plaintiffs urge that a federal statute, silent on the means of determining what fees are reasonable, does not preempt state law that describes such means without contradicting the federal statute or underlying policy.

1998See Lewis v. Coughlin, 801 F.2d 570, 577 (2d Cir.1986).

1996In Brown v. Romero, 77 N.M. 547, 550-51 , 425 P.2d 310, 313 (1967), our Supreme Court held that actions for damages could not be brought in the context of an administrative appeal.

1996In Brown v. Romero, 77 N.M. 547, 550-51 , 425 P.2d 310, 313 (1967), our Supreme Court held that actions for damages could not be brought in the context of an administrative appeal.

1996We begin with 42 U.S.C. § 1983 , which provides that: Every person who, under color of any statute, ordinance, [or] regulation ... of any [s]tate ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. [Emphasis added.] Courts may award attorney fees under 42 U.S.C. § 1988 in state actions to enforce 42 U.S.C. § 1983 . 4

1996We begin with 42 U.S.C. § 1983 , which provides that: Every person who, under color of any statute, ordinance, [or] regulation ... of any [s]tate ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. [Emphasis added.] Courts may award attorney fees under 42 U.S.C. § 1988 in state actions to enforce 42 U.S.C. § 1983 . 4

1993Society of Separationists, Inc. v. Herman, 959 F.2d 1283, 1287 (5th Cir.) (recognizing that declaratory relief was desired in order to support attorney fees under Section 1988, the court declined to support such an “end run” around the defendant’s immunity and “impos[e] costs solely to protect against a hypothetical risk of future harm”), cert. denied, — U.S. -, 113 S.Ct. 191 , 121 L.Ed.2d 135 (1992).

1992See, e.g., City of Huntsville v. Certain, 453 So.2d 715 (Ala.1984) (judgment under 42 U.S.C. § 1983 ; motion for attorney’s fees under 42 U.S.C. § 1988 ), cert. denied, 472 U.S. 1027 , 105 S.Ct. 3499 , 87 L.Ed.2d 631 (1985); Larche v. Car Wholesalers, Inc., 80 Md.