EVANS V. JEFF D.
475 U.S. 717 (1986)
NATURE OF THE CASE: This was a civil rights action and a dispute over attorney fee
awards.
FACTS: A plaintiff class of emotionally and mentally handicapped children sued Idaho to
improve institutional conditions. They sought injunctive relief under 42 USC 1983. Johnson,
the class's attorney was employed by the Idaho Legal Aid Society and the class
representation agreement contained no attorney fee provisions. Just before trial, Idaho gave
the class all it asked for so long as it agreed to a waiver of fees and costs that could be
claimed under 42 USC 1988(b). Johnson was morally forced to accept the settlement on behalf
of his clients. The issue before the court is whether the District Court had a duty to
reject the proposed settlement because it included a waiver of statutorily authorized
attorney fees. The District Court approved a settlement granting the injunctive relief
sought conditional on respondents' waiver of any claim for attorney's fees. The Court of
Appeals invalidated the fee waiver, left standing the remainder of the settlement, and
remanded to the District Court to determine what attorney's fees were reasonable, holding
that the historical background of Federal Rule of Civil Procedure 23(e), which gives a
district court power to approve settlements of class actions, and of the Fees Act, compelled
the conclusion that a stipulated waiver of attorney's fees obtained solely as a condition
for obtaining relief for the class should not be accepted by the court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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