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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-990
- --------
- DALE FARRAR and PAT SMITH, co-administrators
- of estate of JOSEPH D. FARRAR, deceased, PETI-
- TIONERS v. WILLIAM P. HOBBY, JR.
- on writ of certiorari to the united states court
- of appeals for the fifth circuit
- [December 14, 1992]
-
- Justice Thomas delivered the opinion of the Court.
- We decide today whether a civil rights plaintiff who
- receives a nominal damages award is a -prevailing party-
- eligible to receive attorney's fees under 42 U. S. C. 1988.
- The Court of Appeals for the Fifth Circuit reversed an
- award of attorney's fees on the ground that a plaintiff
- receiving only nominal damages is not a prevailing party.
- Although we hold that such a plaintiff is a prevailing
- party, we affirm the denial of fees in this case.
- I
- Joseph Davis Farrar and Dale Lawson Farrar owned
- and operated Artesia Hall, a school in Liberty County,
- Texas, for delinquent, disabled, and disturbed teens. After
- an Artesia Hall student died in 1973, a Liberty County
- grand jury returned a murder indictment charging Joseph
- Farrar with willful failure to administer proper medical
- treatment and failure to provide timely hospitalization.
- The State of Texas also obtained a temporary injunction
- that closed Artesia Hall.
- Respondent William P. Hobby, Jr., then Lieutenant
- Governor of Texas, participated in the events leading to
- the closing of Artesia Hall. After Joseph Farrar was
- indicted, Hobby issued a press release criticizing the Texas
- Department of Public Welfare and its licensing procedures.
- He urged the department's director to investigate Artesia
- Hall and accompanied Governor Dolph Briscoe on an
- inspection of the school. Finally, he attended the
- temporary injunction hearing with Briscoe and spoke to
- reporters after the hearing.
- Joseph Farrar sued Hobby, Judge Clarence D. Cain,
- County Attorney Arthur J. Hartell III, and the director
- and two employees of the Department of Public Welfare
- for monetary and injunctive relief under 42 U. S. C.
- 1983 and 1985. The complaint alleged deprivation of
- liberty and property without due process by means of
- conspiracy and malicious prosecution aimed at closing
- Artesia Hall. Later amendments to the complaint added
- Dale Farrar as a plaintiff, dropped the claim for injunctive
- relief, and increased the request for damages to $17
- million. After Joseph Farrar died on February 20, 1983,
- petitioners Dale Farrar and Pat Smith, coadministrators
- of his estate, were substituted as plaintiffs.
- The case was tried before a jury in the Southern
- District of Texas on August 15, 1983. Through special
- interrogatories, the jury found that all of the defendants
- except Hobby had conspired against the plaintiffs but that
- this conspiracy was not a proximate cause of any injury
- suffered by the plaintiffs. The jury also found that Hobby
- had -committed an act or acts under color of state law
- that deprived Plaintiff Joseph Davis Farrar of a civil
- right,- but it found that Hobby's conduct was not -a
- proximate cause of any damages- suffered by Joseph
- Farrar. App. to Brief in Opposition A-3. The jury made
- no findings in favor of Dale Farrar. In accordance with
- the jury's answers to the special interrogatories, the
- District Court ordered that -Plaintiffs take nothing, that
- the action be dismissed on the merits, and that the
- parties bear their own costs.- Id., at A-6.
- The Court of Appeals for the Fifth Circuit affirmed in
- part and reversed in part. Farrar v. Cain, 756 F. 2d
- 1148 (1985). The court affirmed the failure to award
- compensatory or nominal damages against the conspirators
- because the plaintiffs had not proved an actual
- deprivation of a constitutional right. Id., at 1151-1152.
- Because the jury found that Hobby had deprived Joseph
- Farrar of a civil right, however, the Fifth Circuit
- remanded for entry of judgment against Hobby for
- nominal damages. Id., at 1152.
- The plaintiffs then sought attorney's fees under 42
- U. S. C. 1988. On January 30, 1987, the District Court
- entered an order awarding the plaintiffs $280,000 in fees,
- $27,932 in expenses, and $9,730 in prejudgment interest
- against Hobby. The court denied Hobby's motion to
- reconsider the fee award on August 31, 1990.
- A divided Fifth Circuit panel reversed the fee award.
- Estate of Farrar v. Cain, 941 F. 2d 1311 (1991). After
- reviewing our decisions in Hewitt v. Helms, 482 U. S. 755
- (1987), Rhodes v. Stewart, 488 U. S. 1 (1988) (per curiam),
- and Texas State Teachers Assn. v. Garland Independent
- School Dist., 489 U. S. 782 (1989), the majority held that
- the plaintiffs were not prevailing parties and were
- therefore ineligible for fees under 1988:
- -The Farrars sued for $17 million in money damages;
- the jury gave them nothing. No money damages. No
- declaratory relief. No injunctive relief. Nothing. . . .
- [T]he Farrars did succeed in securing a jury-finding
- that Hobby violated their civil rights and a nominal
- award of one dollar. However, this finding did not in
- any meaningful sense `change the legal relationship'
- between the Farrars and Hobby. Nor was the result
- a success for the Farrars on a `significant issue that
- achieve[d] some of the benefit the [Farrars] sought in
- bringing suit.' When the sole relief sought is money
- damages, we fail to see how a party `prevails' by
- winning one dollar out of the $17 million requested.-
- 941 F. 2d, at 1315 (citations omitted) (quoting
- Garland, supra, at 791-792).
- The majority reasoned that even if an award of nominal
- damages represented some sort of victory, -surely [the
- Farrars'] was `a technical victory . . . so insignificant and
- . . . so near the situations addressed in Hewitt and
- Rhodes, as to be insufficient to support prevailing party
- status.'- 941 F. 2d, at 1315 (quoting Garland, supra, at
- 792).
- The dissent argued that -Hewitt, Rhodes and Garland
- [do not] go so far- as to hold that -where plaintiff obtains
- only nominal damages for his constitutional deprivation,
- he cannot be considered the prevailing party.- 941 F. 2d,
- at 1317 (Reavley, J., dissenting).
- We granted certiorari. 502 U. S. ___ (1992).
- II
- The Civil Rights Attorney's Fees Award Act of 1976, 90
- Stat. 2641, as amended, 42 U. S. C. 1988, provides in
- relevant part:
- -In any action or proceeding to enforce a provision of
- sections 1981, 1982, 1983, 1985, and 1986 of this title,
- title IX of Public Law 92-318 . . . , or title VI of the
- Civil Rights Act of 1964 . . . , the court, in its
- discretion, may allow the prevailing party, other than
- the United States, a reasonable attorney's fee as part
- of the costs.-
- -Congress intended to permit the . . . award of counsel
- fees only when a party has prevailed on the merits.-
- Hanrahan v. Hampton, 446 U. S. 754, 758 (1980) (per
- curiam). Therefore, in order to qualify for attorney's fees
- under 1988, a plaintiff must be a -prevailing party.-
- Under our -generous formulation- of the term, -`plaintiffs
- may be considered -prevailing parties- for attorney's fees
- purposes if they succeed on any significant issue in
- litigation which achieves some of the benefit the parties
- sought in bringing suit.'- Hensley v. Eckerhart, 461 U. S.
- 424, 433 (1983) (quoting Nadeau v. Helgemoe, 581 F. 2d
- 275, 278-279 (CA1 1978)). -[L]iability on the merits and
- responsibility for fees go hand in hand; where a defendant
- has not been prevailed against, either because of legal
- immunity or on the merits, 1988 does not authorize a
- fee award against that defendant.- Kentucky v. Graham,
- 473 U. S. 159, 165 (1985).
- We have elaborated on the definition of prevailing party
- in three recent cases. In Hewitt v. Helms, 482 U. S. 755
- (1987), we addressed -the peculiar-sounding question
- whether a party who litigates to judgment and loses on
- all of his claims can nonetheless be a `prevailing party.'-
- Id., at 757. In his 1983 action against state prison
- officials for alleged due process violations, respondent
- Helms obtained no relief. -The most that he obtained was
- an interlocutory ruling that his complaint should not have
- been dismissed for failure to state a constitutional claim.-
- Id., at 760. Observing that -[r]espect for ordinary
- language requires that a plaintiff receive at least some
- relief on the merits of his claim before he can be said to
- prevail,- we held that Helms was not a prevailing party.
- Ibid. We required the plaintiff to prove -the settling of
- some dispute which affects the behavior of the defendant
- towards the plaintiff.- Id., at 761 (emphasis omitted).
- In Rhodes v. Stewart, 488 U. S. 1 (1988) (per curiam),
- we reversed an award of attorney's fees premised solely
- on a declaratory judgment that prison officials had
- violated the plaintiffs' First and Fourteenth Amendment
- rights. By the time the District Court entered judgment,
- -one of the plaintiffs had died and the other was no
- longer in custody.- Id., at 2. Under these circumstances,
- we held, neither plaintiff was a prevailing party. We
- explained that -nothing in [Hewitt] suggested that the
- entry of [a declaratory] judgment in a party's favor
- automatically renders that party prevailing under 1988.-
- Id., at 3. We reaffirmed that a judgment-declaratory or
- otherwise--will constitute relief, for purposes of 1988,
- if, and only if, it affects the behavior of the defendant
- toward the plaintiff.- Id., at 4. Whatever -modification
- of prison policies- the declaratory judgment might have
- effected -could not in any way have benefited either
- plaintiff, one of whom was dead and the other released.-
- Ibid.
- Finally, in Texas State Teachers Assn. v. Garland
- Independent School Dist., 489 U. S. 782 (1989), we
- synthesized the teachings of Hewitt and Rhodes. -[T]o be
- considered a prevailing party within the meaning of
- 1988,- we held, -the plaintiff must be able to point to a
- resolution of the dispute which changes the legal
- relationship between itself and the defendant.- 489 U. S.,
- at 792. We reemphasized that -[t]he touchstone of the
- prevailing party inquiry must be the material alteration
- of the legal relationship of the parties.- Id., at 792-793.
- Under this test, the plaintiffs in Garland were prevailing
- parties because they -obtained a judgment vindicating
- [their] First Amendment rights [as] public employees- and
- -materially altered the [defendant] school district's policy
- limiting the rights of teachers to communicate with each
- other concerning employee organizations and union
- activities.- Id., at 793.
- Therefore, to qualify as a prevailing party, a civil rights
- plaintiff must obtain at least some relief on the merits of
- his claim. The plaintiff must obtain an enforceable
- judgment against the defendant from whom fees are
- sought, Hewitt, supra, at 760, or comparable relief through
- a consent decree or settlement, Maher v. Gagne, 448 U. S.
- 122, 129 (1980). Whatever relief the plaintiff secures
- must directly benefit him at the time of the judgment or
- settlement. See Hewitt, supra, at 764. Otherwise the
- judgment or settlement cannot be said to -affec[t] the
- behavior of the defendant toward the plaintiff.- Rhodes,
- 488 U. S., at 4. Only under these circumstances can civil
- rights litigation effect -the material alteration of the legal
- relationship of the parties- and thereby transform the
- plaintiff into a prevailing party. Garland, supra, at
- 792-793. In short, a plaintiff -prevails- when actual relief
- on the merits of his claim materially alters the legal
- relationship between the parties by modifying the
- defendant's behavior in a way that directly benefits the
- plaintiff.
- III
- A
- Doubtless -the basic purpose of a 1983 damages award
- should be to compensate persons for injuries caused by the
- deprivation of constitutional rights.- Carey v. Piphus, 435
- U. S. 247, 254 (1978). For this reason, no compensatory
- damages may be awarded in a 1983 suit absent proof of
- actual injury. Id., at 264. Accord, Memphis Community
- School Dist. v. Stachura, 477 U. S. 299, 307, 308, n. 11
- (1986). We have also held, however, that -the denial of
- procedural due process should be actionable for nominal
- damages without proof of actual injury.- Carey, supra, at
- 266. The awarding of nominal damages for the -absolute-
- right to procedural due process -recognizes the importance
- to organized society that [this] righ[t] be scrupulously
- observed- while -remain[ing] true to the principle that
- substantial damages should be awarded only to
- compensate actual injury.- 435 U. S., at 266. Thus,
- Carey obligates a court to award nominal damages when
- a plaintiff establishes the violation of his right to
- procedural due process but cannot prove actual injury.
- We therefore hold that a plaintiff who wins nominal
- damages is a prevailing party under 1988. When a
- court awards nominal damages, it neither enters judgment
- for defendant on the merits nor declares the defendant's
- legal immunity to suit. Cf. Kentucky v. Graham, 473
- U. S., at 165; Supreme Court of Virginia v. Consumers
- Union of United States, Inc., 446 U. S. 719, 738 (1980).
- To be sure, a judicial pronouncement that the defendant
- has violated the Constitution, unaccompanied by an
- enforceable judgment on the merits, does not render the
- plaintiff a prevailing party. Of itself, -the moral
- satisfaction [that] results from any favorable statement of
- law- cannot bestow prevailing party status. Hewitt, 482
- U. S., at 762. No material alteration of the legal
- relationship between the parties occurs until the plaintiff
- becomes entitled to enforce a judgment, consent decree,
- or settlement against the defendant. A plaintiff may
- demand payment for nominal damages no less than he
- may demand payment for millions of dollars in
- compensatory damages. A judgment for damages in any
- amount, whether compensatory or nominal, modifies the
- defendant's behavior for the plaintiff's benefit by forcing
- the defendant to pay an amount of money he otherwise
- would not pay. As a result, the Court of Appeals for the
- Fifth Circuit erred in holding that petitioners' nominal
- damages award failed to render them prevailing parties.
- We have previously stated that -a technical victory may
- be so insignificant . . . as to be insufficient to support
- prevailing party status.- Garland, 489 U. S., at 792.
- The example chosen in Garland to illustrate this sort of
- -technical- victory, however, would fail to support
- prevailing party status under the test we adopt today. In
- that case, the District Court declared unconstitutionally
- vague a regulation requiring that -nonschool hour
- meetings be conducted only with prior approval from the
- local school principal.- Ibid. We suggested that this
- finding alone would not sustain prevailing party status if
- there were -`no evidence that the plaintiffs were ever
- refused permission to use school premises during non-
- school hours.'- Ibid. The deficiency in such a
- hypothetical -victory- is identical to the shortcoming in
- Rhodes. Despite winning a declaratory judgment, the
- plaintiffs could not alter the defendant school board's
- behavior toward them for their benefit. Now that we are
- confronted with the question whether a nominal damages
- award is the sort of -technical,- -insignificant- victory that
- cannot confer prevailing party status, we hold that the
- prevailing party inquiry does not turn on the magnitude
- of the relief obtained. We recognized as much in Garland
- when we noted that -the degree of the plaintiff's success-
- does not affect -eligibility for a fee award.- Id., at 790
- (emphasis in original). See also id., at 793.
- B
- Although the -technical- nature of a nominal damages
- award or any other judgment does not affect the
- prevailing party inquiry, it does bear on the propriety of
- fees awarded under 1988. Once civil rights litigation
- materially alters the legal relationship between the
- parties, -the degree of the plaintiff's overall success goes
- to the reasonableness- of a fee award under Hensley v.
- Eckerhart, 461 U. S. 424 (1983). Garland, supra, at 793.
- Indeed, -the most critical factor- in determining the
- reasonableness of a fee award -is the degree of success
- obtained.- Hensley, supra, at 436. Accord, Marek v.
- Chesny, 473 U. S. 1, 11 (1985). In this case, petitioners
- received nominal damages instead of the $17 million in
- compensatory damages that they sought. This litigation
- accomplished little beyond giving petitioners -the moral
- satisfaction of knowing that a federal court concluded that
- [their] rights had been violated- in some unspecified way.
- Hewitt, supra, at 762. We have already observed that if
- -a plaintiff has achieved only partial or limited success,
- the product of hours reasonably expended on the litigation
- as a whole times a reasonable hourly rate may be an
- excessive amount.- Hensley, supra, at 436. Yet the
- District Court calculated petitioners' fee award in precisely
- this fashion, without engaging in any measured exercise
- of discretion. -Where recovery of private damages is the
- purpose of . . . civil rights litigation, a district court, in
- fixing fees, is obligated to give primary consideration to
- the amount of damages awarded as compared to the
- amount sought.- Riverside v. Rivera, 477 U. S. 561, 585
- (1986) (Powell, J., concurring in judgment). Such a
- comparison promotes the court's -central- responsibility to
- -make the assessment of what is a reasonable fee under
- the circumstances of the case.- Blanchard v. Bergeron,
- 489 U. S. 87, 96 (1989). Having considered the amount
- and nature of damages awarded, the court may lawfully
- award low fees or no fees without reciting the 12 factors
- bearing on reasonableness, see Hensley, 461 U. S., at 430,
- n. 3, or multiplying -the number of hours reasonably
- expended . . . by a reasonable hourly rate,- id., at 433.
- In some circumstances, even a plaintiff who formally
- -prevails- under 1988 should receive no attorney's fees
- at all. A plaintiff who seeks compensatory damages but
- receives no more than nominal damages is often such a
- prevailing party. As we have held, a nominal damages
- award does render a plaintiff a prevailing party by
- allowing him to vindicate his -absolute- right to
- procedural due process through enforcement of a judgment
- against the defendant. Carey, 435 U. S., at 266. In a
- civil rights suit for damages, however, the awarding of
- nominal damages also highlights the plaintiff's failure to
- prove actual, compensable injury. Id., at 254-264.
- Whatever the constitutional basis for substantive liability,
- damages awarded in a 1983 action -must always be
- designed `to compensate injuries caused by the
- [constitutional] deprivation.'- Memphis Community School
- Dist. v. Stachura, 477 U. S., at 309 (quoting Carey, supra,
- at 265) (emphasis and brackets in original). When a
- plaintiff recovers only nominal damages because of his
- failure to prove an essential element of his claim for
- monetary relief, see Carey, supra, at 256-257, 264, the
- only reasonable fee is usually no fee at all. In an
- apparent failure to heed our admonition that fee awards
- under 1988 were never intended to -`produce windfalls
- to attorneys,'- Riverside v. Rivera, supra, at 580 (plurality
- opinion) (quoting S. Rep. No. 94-1011, p. 6 (1976)), the
- District Court awarded $280,000 in attorney's fees without
- -consider[ing] the relationship between the extent of
- success and the amount of the fee award.- Hensley,
- supra, at 438.
- Although the Court of Appeals erred in failing to
- recognize that petitioners were prevailing parties, it
- correctly reversed the District Court's fee award. We
- accordingly affirm the judgment of the Court of Appeals.
-
- So ordered.
-