Skip navigation
× You have 2 more free articles available this month. Subscribe today.

PLRA Caps Attorney's Fees at 150 Percent of Judgment

After winning a $3,300 judgment, plus attorney's fees and costs, Morris Broussard, represented by attorney Timothy Borne Garrigan, filed a motion requesting a new trial pursuant to Rule 59(a) of the Federal Rules of civil Procedure. Plaintiff asserted that the $3,300 award was inadequate and represented an injustice in light of the weight of the evidence against the Defendants. Attorney Garrigan also requested compensation at a rate of $300 an hour for the approximately 161 hours he spent on the case, for a total in excess of $48,000.

On September 10, 2004, the court denied Broussard's request for a new trial, rejecting his argument regarding the inadequacy of the award. Furthermore, the court determined that the Prison Litigation Reform Act capped attorney's fees at 150% of the judgment. Accordingly, in addition to the $3,300 jury award, defendant Ross was ordered to pay $4,950 in attorney's fees to Plaintiff's counsel. See: Broussard v. Ross, et al., U.S.D.C., E.D. Tx., No. 9:02-cv-00105-TH-HWM.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Broussard v. Ross, et al.

No other information is currently available.