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Keywords

plaintifflitigationattorneyprecedentappealcivil rightsparalegal

plaintifflitigationattorneyappealcivil rightsparalegal

Related Cases

Garcia v. Tansy, 216 F.3d 1087 (Table), 2000 WL 703010, 2000 CJ C.A.R. 3000

Facts

In 1989, Jesse L. Garcia filed a pro se civil rights action alleging he was denied access to the law library while incarcerated in a New Mexico state penitentiary. Although the district court initially dismissed the claim, the Tenth Circuit reversed part of the dismissal in 1991, leading to further proceedings. The district court later dismissed Garcia's claim for lack of prosecution in 1992, and he filed an untimely notice of appeal. In 1999, Garcia sought to recover fees, claiming he was a 'prevailing party' under 42 U.S.C. § 1988 and was owed paralegal fees.

In 1989, Mr. Garcia filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, alleging that he had been impermissibly denied access to the law library while an inmate in a New Mexico state penitentiary. The district court dismissed the claim in 1990, but the next year the Tenth Circuit reversed in part and remanded the case to the district court for further proceedings. In 1992, the district court dismissed Mr. Garcia's claim for lack of prosecution, and Mr. Garcia later filed an untimely notice of appeal to this court.

Issue

Is Jesse L. Garcia entitled to recover fees for his civil rights litigation under 42 U.S.C. § 1988?

Rule

Pro se civil rights plaintiffs are not entitled to recover fees under 42 U.S.C. § 1988, as established in Turman v. Tuttle and further supported by the Supreme Court's decision in Kay v. Ehrler.

Pro se civil rights plaintiffs are not entitled to recover fees under 42 U.S.C. § 1988. See Turman v. Tuttle, 711 F.2d 148, 149 (10th Cir.1983). The Supreme Court has explicitly held that even pro se parties who are themselves attorneys are not entitled to recover fees under 42 U.S.C. § 1988. See Kay v. Ehrler, 499 U.S. 432 (1991).

Analysis

The court applied the rule by determining that even if Garcia was considered a prevailing party and his paralegal fees were recoverable, he still could not recover fees because he represented himself in the litigation. The court referenced established precedents that prohibit fee recovery for pro se litigants, including those who are attorneys or paralegals.

Assuming without deciding that Mr. Garcia is the prevailing party, that paralegal fees are recoverable, and that his lengthy delay in seeking fees does not bar his claim, Mr. Garcia is nevertheless not entitled to recover fees for his civil rights litigation.

Conclusion

The court affirmed the district court's judgment, concluding that Garcia was not entitled to recover fees in this action.

Accordingly, Mr. Garcia is not entitled to recover fees in this action. The judgment of the district court is therefore AFFIRMED.

Who won?

The district court prevailed in the case, as it denied Garcia's request for fees based on the established legal principle that pro se civil rights plaintiffs cannot recover fees under 42 U.S.C. § 1988.

Because Tenth Circuit and Supreme Court authority clearly require this result, we AFFIRM the district court's denial of fees.

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