Summary
The United States District Court for the Eastern District of Wisconsin issued an order denying the plaintiff's pro se motion for attorney's fees following a joint stipulation of dismissal. The court found that neither 28 U.S.C. § 2412 nor 42 U.S.C. § 1988 applied because the case did not involve the United States, the plaintiff was not a prevailing party due to the settlement-based dismissal, and the parties' stipulation explicitly waived costs. Additionally, the court noted that incarcerated pro se litigants who are not attorneys are generally ineligible for attorney's fees under established precedent. Consequently, the motion was denied.
Topics
Practice areas
Questions Presented
- Whether 28 U.S.C. §2412 applies to a civil action between a prisoner and state employees.
- Whether the plaintiff is a prevailing party entitled to attorney's fees under 42 U.S.C. §1988, and whether a pro se litigant may recover such fees.
Holdings
- 28 U.S.C. §2412 does not apply because the action is not a civil action brought by or against the United States or its agents.
- The plaintiff is not a prevailing party and, as a pro se prisoner, is not entitled to attorney's fees.
Key quotations
“The court will deny this motion for several reasons. First, 28 U.S.C. §2412 does not apply to this case because it is not a “civil action brought by or against the United States” or an agency or agent of the United States.” (at 1)
“He is not entitled to attorney’s fees for the time it took him to write his complaint or to litigate his case while representing himself.” (at 1-3)
Factual background
The parties entered a joint stipulation of dismissal of the plaintiff's remaining claims. The plaintiff, pro se, later moved for attorney's fees under 28 U.S.C. §2412 and 42 U.S.C. §1988, claiming he was the prevailing party.
Procedural history
Plaintiff filed a pro se motion for attorney's fees after a joint stipulation of dismissal was entered. The district court denied the motion.