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- 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 White, with whom Justice Blackmun, Justice
- Stevens, and Justice Souter join, concurring in part and
- dissenting in part.
- We granted certiorari in this case to decide whether 42
- U. S. C. 1988 entitles a civil rights plaintiff who recovers
- nominal damages to reasonable attorney's fees. Following
- our decisions in Texas State Teachers Assn. v. Garland
- Independent School Dist., 489 U. S. 782 (1989), Hewitt v.
- Helms, 482 U. S. 755 (1987), Hensley v. Eckerhart, 461
- U. S. 424 (1983), and Carey v. Piphus, 435 U. S. 247
- (1978), the Court holds that it does. With that aspect of
- today's decision, I agree. Because Farrar won an enforce-
- able judgment against respondent, he has achieved a
- -material alteration- of their legal relationship, Garland,
- supra, at 792-793, and thus he is a -prevailing party-
- under the statute.
- However, I see no reason for the Court to reach out and
- decide what amount of attorney's fees constitutes a
- reasonable amount in this instance. That issue was
- neither presented in the petition for certiorari nor briefed
- by petitioners. The opinion of the Court of Appeals was
- grounded exclusively in its determination that Farrar had
- not met the threshold requirement under 1988. At no
- point did it purport to decide what a reasonable award
- should be if Farrar was a prevailing party.
- It may be that the District Court abused its discretion
- and misapplied our precedents by belittling the signifi-
- cance of the amount of damages awarded in ascertaining
- petitioners' fees. Cf. Hensley, supra, at 436. But it is one
- thing to say that the court erred as a matter of law in
- awarding $280,000; quite another to decree, especially
- without the benefit of petitioners' views or consideration
- by the Court of Appeals, that the only fair fee was no fee
- whatsoever.
- Litigation in this case lasted for more than a decade,
- has entailed a 6-week trial and given rise to two appeals.
- Civil rights cases often are complex, and we therefore
- have committed the task of calculating attorney's fees to
- the trial court's discretion for good reason. See, e.g.,
- Hensley, supra, at 436-437; Garland, supra, at 789-790;
- Blanchard v. Bergeron, 489 U. S. 87, 96 (1989). Estimat-
- ing what specific amount would be reasonable in this
- particular situation is not a matter of general importance
- on which our guidance is needed. Short of holding that
- recovery of nominal damages never can support the award
- of attorney's fees-which, clearly, the majority does not,
- see ante, at 11-the Court should follow its sensible
- practice and remand the case for reconsideration of the
- fee amount. Cf. FTC v. Anheuser-Busch, Inc., 363 U. S.
- 536, 542 (1960). Indeed, respondent's counsel all but
- conceded at oral argument that, assuming the Court found
- Farrar to be a prevailing party, the question of reason-
- ableness should be addressed on remand. See Tr. of Oral
- Arg. 31-32.
- I would vacate the judgment of the Court of Appeals
- and remand the case for further proceedings. Accordingly,
- I dissent.
-