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Perez v. Cate, No. 09-17185

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By FindLaw Staff on January 14, 2011 12:59 PM

Attorney's Fees Order Affirmed

In Perez v. Cate, No. 09-17185, prison officials' order from an attorney's fees order in a prison reform litigation, the court affirmed where, because the Supreme Court had determined that, for purposes of 42 U.S.C. section 1988, the phrase "reasonable attorney's fee" encompassed separately billed paralegal services, paralegal fees were subject to the same cap under the Prison Litigation Reform Act as attorney's fees.

 

As the court wrote:  "The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, caps attorney fees authorized under 42 U.S.C. § 1988 at 150% of the "rate established" by the Criminal Justice Act, 18 U.S.C. § 3006A, "for payment of court-appointed counsel." 42 U.S.C. § 1997e(d)(3). This appeal raises the question whether the fee cap also applies to separately billed paralegal fees."

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