Litigation Update: Attorney’s Fees as Deterrence in Civil Rights Litigation

When Congress amended the Civil Rights Act in 1976, it directed federal courts to use judicial discretion to award “reasonable attorney’s fees” to a prevailing party. Yet when state actors are found in violation of the nation’s civil rights laws, what is “reasonable” often means that civil rights attorneys take a reduced fee award. Because of this, states are emboldened to enact and enforce more unconstitutional laws and the pattern repeats.Mere days following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, the New York Assembly enacted new legislation allowing secular businesses to permit customers to carry concealed weapons on their property, but refusing to afford sensitive locations, like churches, the same choice. His Tabernacle Church in Elmira, New York filed suit under the Civil Rights Act claiming the new law violated its First and Second Amendment rights. It prevailed both in district court and at the U.S. Court of Appeals for the Second Circuit.When the matter returned to the district court, the State of New York claimed the church’s attorneys were entitled to just 16% of the fees requested in their application. Judge John R. Sinatra, Jr. of the Western District of New York rejected New York’s arguments, awarding 100% of the requested fees, concluding that the Civil Rights Act “encourages lawyers taking meritorious cases like this one” but to engage in “[p]erennial ‘haircuts’” in fee awards would “discourage well qualified counsel.”Join the Federalist Society for a discussion on the importance of courts awarding appropriate attorney’s fees in civil rights litigation.Featuring:Erin E. Murphy, Partner, Clement & Murphy, PLLC(Moderator) Jeremy G. Dys, Senior Counsel, First Liberty