missouri
jenkins
argued
february
decided
june
major
school
desegregation
litigation
kansas
city
missouri
various
desegregation
remedies
granted
state
missouri
defendants
plaintiff
class
represented
kansas
city
lawyer
benson
naacp
legal
defense
educational
fund
ldf
benson
ldf
requested
attorney
fees
civil
rights
attorney
fees
awards
act
provides
respect
litigation
discretion
may
allow
prevailing
party
reasonable
attorney
fee
part
costs
calculating
hourly
rates
benson
associates
ldf
attorneys
fees
district
took
account
delay
payment
using
current
market
rates
rather
applicable
time
services
rendered
benson
ldf
employed
numerous
paralegals
law
clerks
recent
law
graduates
awarded
fees
work
based
market
rates
using
current
rather
historic
rates
order
compensate
delay
payment
appeals
affirmed
held
eleventh
amendment
prohibit
enhancement
fee
award
state
compensate
delay
payment
amendment
application
award
attorney
fees
ancillary
grant
prospective
relief
state
hutto
finney
follows
true
calculation
amount
fee
adjustment
delay
payment
appropriate
factor
determining
constitutes
reasonable
attorney
fee
pp
district
correctly
compensated
work
paralegals
law
clerks
recent
law
graduates
market
rates
services
rather
cost
attorneys
clearly
reasonable
attorney
fee
used
meant
compensate
work
performed
personally
members
bar
rather
term
must
refer
reasonable
fee
attorney
work
product
thus
must
take
account
work
attorneys
also
work
paralegals
like
reasonable
attorney
fee
one
calculated
basis
rates
practices
prevailing
relevant
market
one
grants
successful
civil
rights
plaintiff
fully
compensatory
fee
comparable
traditional
attorneys
compensated
client
case
practice
relevant
market
bill
work
paralegals
separately
district
decision
award
separate
compensation
paralegals
law
clerks
recent
law
graduates
prevailing
market
rates
fully
accord
pp
brennan
delivered
opinion
white
blackmun
stevens
kennedy
joined
parts
iii
scalia
joined
filed
opinion
concurring
part
dissenting
part
scalia
joined
rehnquist
joined
part
post
rehnquist
filed
dissenting
opinion
post
marshall
took
part
consideration
decision
case
bruce
farmer
assistant
attorney
general
missouri
argued
cause
petitioners
brief
william
webster
attorney
general
terry
allen
deputy
attorney
general
michael
boicourt
bart
matanic
assistant
attorneys
general
jay
topkis
argued
cause
respondents
brief
julius
levonne
chambers
charles
stephen
ralston
arthur
benson
ii
russell
lovell
ii
theodore
shaw
john
devault
iii
filed
brief
national
association
legal
assistants
amicus
curiae
urging
affirmance
justice
brennan
delivered
opinion
attorney
fee
aftermath
major
school
desegregation
litigation
kansas
city
missouri
granted
certiorari
resolve
two
questions
relating
fees
litigation
stat
amended
first
eleventh
amendment
prohibit
enhancement
fee
award
state
compensate
delay
payment
second
fee
award
compensate
work
paralegals
law
clerks
applying
market
rate
work
litigation
began
suit
kansas
city
missouri
school
district
kcmsd
school
board
children
two
school
board
members
state
missouri
defendants
plaintiffs
alleged
state
surrounding
school
districts
various
federal
agencies
caused
perpetuated
system
racial
segregation
schools
kansas
city
metropolitan
area
sought
various
desegregation
remedies
kcmsd
subsequently
realigned
nominal
defendant
class
present
future
kcmsd
students
certified
plaintiffs
lengthy
proceedings
including
trial
lasted
months
district
found
state
missouri
kcmsd
liable
dismissing
suburban
school
districts
federal
defendants
ordered
various
intradistrict
remedies
paid
state
kcmsd
including
million
capital
improvements
plan
costing
million
see
jenkins
missouri
en
banc
cert
denied
jenkins
missouri
cert
granted
plaintiff
class
represented
since
kansas
city
lawyer
arthur
benson
since
naacp
legal
defense
educational
fund
ldf
benson
ldf
requested
attorney
fees
civil
rights
attorney
fees
awards
act
footnotes
calculating
hourly
rate
benson
fees
noted
market
rate
kansas
city
attorneys
benson
qualifications
range
per
hour
found
benson
rate
fall
higher
end
range
based
upon
expertise
area
civil
rights
calculated
fees
basis
even
higher
hourly
rate
however
three
additional
factors
preclusion
employment
undesirability
case
delay
payment
benson
services
also
took
account
delay
payment
setting
rates
several
benson
associates
using
current
market
rates
rather
applicable
time
services
rendered
reason
calculated
fees
ldf
attorneys
current
market
rates
benson
ldf
employed
numerous
paralegals
law
clerks
generally
law
students
working
part
time
recent
law
graduates
litigation
awarded
fees
work
based
kansas
city
market
rates
categories
case
attorneys
used
current
rather
historic
market
rates
order
compensate
delay
payment
therefore
awarded
fees
based
hourly
rates
law
clerks
paralegals
recent
law
graduates
appeals
affirmed
respects
ii
grant
certiorari
extends
two
issues
raised
state
missouri
missouri
first
contends
state
consistent
principle
sovereign
immunity
found
embodied
eleventh
amendment
compelled
pay
attorney
fee
enhanced
compensate
delay
payment
question
requires
us
examine
intersection
two
precedents
hutto
finney
library
congress
shaw
hutto
finney
lower
courts
awarded
attorney
fees
state
arkansas
part
pursuant
connection
litigation
conditions
confinement
state
prisons
state
contended
award
subject
eleventh
amendment
constraints
actions
damages
payable
state
treasury
relied
rejecting
contention
distinction
drawn
earlier
cases
retroactive
monetary
relief
prospective
injunctive
relief
see
edelman
jordan
ex
parte
young
attorney
fees
held
belonged
latter
category
constituted
reimbursement
expenses
incurred
litigation
seeking
prospective
relief
rather
retroactive
liability
prelitigation
conduct
hutto
see
also
explained
unlike
ordinary
retroactive
relief
damages
restitution
award
costs
compensate
plaintiff
injury
first
brought
instead
award
reimburses
portion
expenses
incurred
seeking
prospective
relief
section
noted
fit
easily
longstanding
practice
awarding
costs
statute
imposed
award
attorney
fees
part
costs
citing
fairmont
creamery
minnesota
hutto
therefore
must
accepted
settled
award
attorney
fees
ancillary
prospective
relief
subject
strictures
eleventh
amendment
principle
making
award
beyond
reach
eleventh
amendment
must
also
true
question
reasonable
attorney
fee
calculated
see
hutto
supra
missouri
contends
however
principle
enunciated
hutto
undermined
subsequent
decisions
require
congress
express
intention
abrogate
eleventh
amendment
unmistakable
language
statute
atascadero
state
hospital
scanlon
welch
texas
dept
highways
public
transportation
see
also
dellmuth
muth
ante
pennsylvania
union
gas
ante
flaw
argument
lies
misreading
holding
hutto
true
hutto
noted
congress
exercise
enforcement
power
fourteenth
amendment
set
aside
immunity
retroactive
damages
citing
fitzpatrick
bitzer
congress
intended
enacting
also
made
clear
application
depend
congressional
abrogation
immunity
rejecting
precisely
clear
statement
argument
missouri
suggests
undermined
hutto
arkansas
argued
plainly
abrogate
immunity
citing
employees
missouri
dept
public
health
welfare
edelman
jordan
supra
state
contended
retroactive
liability
imposed
absence
extraordinarily
explicit
statutory
mandate
hutto
responded
follows
hese
cases
employees
edelman
concern
retroactive
liability
prelitigation
conduct
rather
expenses
incurred
litigation
seeking
prospective
relief
act
imposes
attorney
fees
part
costs
costs
traditionally
awarded
without
regard
eleventh
amendment
immunity
ibid
holding
hutto
therefore
congress
spoken
sufficiently
clearly
overcome
eleventh
amendment
immunity
enacting
rather
eleventh
amendment
apply
award
attorney
fees
ancillary
grant
prospective
relief
see
maine
thiboutot
holding
unaffected
subsequent
jurisprudence
concerning
degree
clarity
congress
must
speak
order
override
eleventh
amendment
immunity
reaffirm
today
missouri
line
argument
based
decision
library
congress
shaw
supra
shaw
involved
application
longstanding
rule
interest
awarded
unless
expressly
waived
sovereign
immunity
held
congress
making
federal
government
potential
defendant
title
vii
civil
rights
act
waived
immunity
suit
costs
including
reasonable
attorney
fees
waived
federal
government
traditional
immunity
award
interest
thus
held
impermissible
percent
increase
lodestar
fee
compensate
delay
payment
refused
find
language
title
vii
waiver
immunity
interest
missouri
argues
likewise
conclude
sufficiently
explicit
constitute
abrogation
immunity
eleventh
amendment
regard
award
interest
answer
contention
already
clear
said
hutto
finney
since
held
hutto
eleventh
amendment
bar
award
attorney
fees
ancillary
grant
prospective
relief
holding
shaw
application
even
analogy
need
case
determine
whether
congress
spoken
sufficiently
clearly
meet
clear
statement
requirement
therefore
irrelevant
whether
eleventh
amendment
standard
missouri
contends
stringent
one
applied
purposes
rule
shaw
rather
issue
whether
reasonable
attorney
fee
provided
calculated
manner
include
enhancement
appropriate
delay
payment
straightforward
matter
statutory
interpretation
question
relevance
whether
party
fees
awarded
state
question
congress
intended
whether
manifested
clear
affirmative
intent
waive
sovereign
immunity
shaw
question
difficult
one
previously
explained
albeit
dicta
enhancement
delay
payment
appropriate
part
reasonable
attorney
fee
pennsylvania
delaware
valley
citizens
council
rejected
argument
prevailing
party
entitled
fee
augmentation
compensate
risk
nonpayment
took
care
distinguish
risk
factor
delay
first
matter
delay
plaintiffs
entitlement
attorney
fees
depends
success
lawyers
paid
favorable
decision
finally
eventuates
may
years
later
meanwhile
expenses
business
continue
must
met
setting
fees
prevailing
counsel
courts
regularly
recognized
delay
factor
either
basing
award
current
rates
adjusting
fee
based
historical
rates
reflect
present
value
see
sierra
club
epa
app
louisville
black
police
officers
organization
louisville
although
delay
risk
nonpayment
often
mentioned
breath
adjusting
former
distinct
issue
suggest
adjustments
delay
inconsistent
typical
statute
summarize
reaffirm
holding
hutto
finney
eleventh
amendment
application
award
attorney
fees
ancillary
grant
prospective
relief
state
follows
true
calculation
amount
fee
adjustment
delay
payment
hold
appropriate
factor
determination
constitutes
reasonable
attorney
fee
award
state
fee
includes
enhancement
delay
therefore
barred
eleventh
amendment
iii
missouri
second
contention
district
erred
compensating
work
law
clerks
paralegals
hereinafter
collectively
paralegals
market
rates
services
rather
cost
attorney
missouri
agrees
compensation
cost
personnel
included
fee
award
suggests
hourly
rate
argued
corresponded
salaries
benefits
overhead
appropriate
rather
market
rates
according
missouri
authorize
billing
paralegals
hours
market
rates
produces
windfall
attorney
begin
statutory
language
provides
simply
reasonable
attorney
fee
part
costs
clearly
reasonable
attorney
fee
meant
compensate
work
performed
personally
members
bar
rather
term
must
refer
reasonable
fee
work
product
attorney
thus
fee
must
take
account
work
attorneys
also
secretaries
messengers
librarians
janitors
others
whose
labor
contributes
work
product
attorney
bills
client
must
also
take
account
expenses
profit
parties
suggested
reason
work
paralegals
similarly
compensated
think
thus
take
starting
point
proposition
reasonable
attorney
fee
provided
statute
compensate
work
paralegals
well
attorneys
difficult
question
work
paralegals
valuated
calculating
overall
attorney
fee
statute
specifies
reasonable
fee
attorney
work
product
determining
elements
attorney
fee
calculated
consistently
looked
marketplace
guide
reasonable
blum
stenson
example
rejected
argument
attorney
fees
nonprofit
legal
service
organizations
based
cost
said
statute
legislative
history
establish
reasonable
fees
calculated
according
prevailing
market
rates
relevant
community
see
also
delaware
valley
concurring
controlling
question
concerning
contingency
enhancements
market
community
compensates
contingency
rivera
rehnquist
dissenting
reasonableness
fee
must
determined
light
traditional
billing
practices
profession
fundamental
principle
award
reasonable
attorney
fee
means
fee
deemed
reasonable
billed
affluent
plaintiffs
attorneys
reasonable
attorney
fee
one
calculated
basis
rates
practices
prevailing
relevant
market
line
rates
prevailing
community
similar
services
lawyers
reasonably
comparable
skill
experience
reputation
blum
supra
one
grants
successful
civil
rights
plaintiff
fully
compensatory
fee
hensley
eckerhart
comparable
traditional
attorneys
compensated
client
attorney
fee
awarded
yield
level
compensation
available
market
increasingly
widespread
custom
separately
billing
services
paralegals
law
students
serve
clerks
ramos
lamm
must
taken
account
else
equal
hourly
fee
charged
attorney
whose
rates
include
paralegal
work
hourly
fee
bills
separately
work
paralegals
cost
higher
hourly
fee
charged
attorney
competing
market
bills
separately
work
paralegals
market
rates
words
prevailing
market
rate
attorney
time
independent
manner
paralegal
time
accounted
thus
prevailing
practice
given
community
bill
paralegal
time
separately
market
rates
fees
awarded
attorney
market
rates
attorney
time
fully
compensatory
refused
compensate
hours
billed
paralegals
cost
similarly
fee
awarded
high
accepted
separate
billing
paralegal
hours
market
custom
reject
argument
compensation
paralegals
rates
cost
yield
windfall
prevailing
attorney
neither
petitioners
anyone
else
knowledge
ever
suggested
hourly
rate
applied
work
associate
attorney
law
firm
creates
windfall
firm
partners
otherwise
improper
merely
exceeds
cost
attorney
services
fees
consistent
market
rates
practices
windfall
argument
force
regard
paralegals
associates
hardly
accord
congress
intent
provide
fully
compensatory
fee
prevailing
plaintiff
attorney
civil
rights
lawsuit
permitted
bill
separately
paralegals
defense
attorney
litigation
able
take
advantage
prevailing
practice
obtain
market
rates
work
yet
precisely
result
sought
case
state
missouri
appears
paid
outside
counsel
work
paralegals
hourly
rate
record
nothing
requires
work
paralegals
invariably
billed
separately
practice
relevant
market
bill
work
paralegals
cost
requires
however
prevailing
practice
bill
paralegal
work
market
rates
treating
civil
rights
lawyers
fee
requests
way
permitted
also
makes
economic
sense
encouraging
use
lower
cost
paralegals
rather
attorneys
wherever
possible
permitting
billing
paralegal
hours
encourages
delivery
legal
services
reducing
spiraling
cost
civil
rights
litigation
furthers
policies
underlying
civil
rights
statutes
cameo
convalescent
center
senn
cert
denied
separate
billing
appears
practice
communities
today
present
case
missouri
concedes
local
market
typically
bills
separately
paralegal
services
tr
oral
arg
district
found
requested
hourly
rates
law
clerks
paralegals
recent
law
graduates
prevailing
rates
services
kansas
city
area
app
pet
cert
circumstances
decision
award
separate
compensation
rates
fully
accord
iv
courts
correctly
granted
fee
enhancement
compensate
delay
payment
approved
compensation
paralegals
law
clerks
market
rates
judgment
appeals
therefore
affirmed
section
provides
relevant
part
action
proceeding
enforce
provision
sections
title
title
ix
public
law
et
seq
title
vi
civil
rights
act
et
seq
discretion
may
allow
prevailing
party
reasonable
attorney
fee
part
costs
holding
appeals
point
conflict
resolution
question
rogers
okin
cert
denied
sub
nom
commissioner
massachusetts
dept
mental
health
rogers
opinion
shaw
sure
contain
language
read
isolation
might
suggest
different
result
case
significantly
equated
compensation
delay
prejudgment
interest
observed
rejudgment
interest
considered
damages
component
costs
indeed
term
costs
never
understood
include
interest
component
library
congress
shaw
observations
however
divorced
context
special
rule
issue
shaw
rule
applicable
immunity
therefore
issue
provides
added
gloss
strictness
liability
interest
issue
inclusion
compensation
delay
within
definition
prejudgment
interest
shaw
must
understood
light
broad
proscription
interest
awards
shaw
thus
represent
definition
compensation
delay
governs
outside
context
rule
federal
immunity
see
reason
compensation
delay
included
within
attorney
fee
awards
hutto
held
costs
subject
eleventh
amendment
strictures
share
justice
view
two
cases
cites
post
demonstrate
existence
equivalent
rule
relating
state
immunity
embodies
ultrastrict
rule
construction
interest
awards
grown
around
federal
rule
cf
shaw
supra
discussing
historical
development
federal
rule
shaw
dealt
sovereign
immunity
federal
government
course
distinction
hutto
present
case
eleventh
amendment
immunity
state
issue
delaware
valley
decided
clean
air
act
looked
guidance
however
cases
construing
pennsylvania
delaware
valley
citizens
council
delay
coupled
fact
recognized
delaware
valley
attorney
expenses
deferred
pending
completion
litigation
cause
considerable
hardship
present
case
provides
illustration
period
nearly
three
years
demands
case
precluded
attorney
benson
accepting
employment
order
pay
staff
meet
operating
expenses
obliged
borrow
january
paid
interest
debt
continuing
borrow
meet
interest
payments
record
tr
ldf
part
incurred
deficits
million
largely
case
tr
compensation
provided
delay
payment
prospect
hardship
well
deter
otherwise
willing
attorneys
accepting
complex
civil
rights
cases
might
offer
great
benefit
society
large
result
work
defeat
congress
purpose
enacting
encourag
ing
enforcement
federal
law
lawsuits
filed
private
persons
delaware
valley
supra
blackmun
dissenting
note
also
recognized
availability
interim
fee
awards
litigant
becomes
prevailing
party
one
issue
course
litigation
texas
state
teachers
assn
garland
independent
school
economic
terms
interim
award
differ
enhancement
delay
payment
courts
appeals
taken
variety
positions
issue
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