Perez v. Westchester Cty. Dep't of Corr., No. 08-4245
In appeals from an attorney's fees award in Muslim inmates' civil rights suit arising from defendants' refusal to provide them Halal meat, the fees award is affirmed where: 1) plaintiffs were prevailing parties, as they achieved a material alteration in the legal relationship between the parties, and the so-ordered settlement bore judicial imprimatur; and 2) the Prison Litigation Reform Act's fee cap applied even though some plaintiffs were released from prison after the filing of the suit but before the successful resolution of the litigation.
Read Perez v. Westchester Cty. Dep't of Corr., No. 08-4245
Argued: July 10, 2009
Decided: November 19, 2009
Opinion by Judge Calabresi
Mary Lynn Nicolas and Martin G. Gleeson, Office of the Westchester County Attorney, White Plains, NY
Richard Cohen, Donia F. Sawwan, Samantha H. Evans, Kathleen M. Aiello, Matthew Bettinger, Fox Rothschild LLP, New York, NY
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