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Arbor Hill Concerned Citizens Neighborhood Association v. County of Albany

484 F.3d 162 (2d Cir. 2007)

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Arbor Hill Concerned Citizens Neighborhood Association v. County of Albany

United States Court of Appeals for the Second Circuit

484 F.3d 162 (2d Cir. 2007)

Facts

Arbor Hill Concerned Citizens Neighborhood Association (plaintiffs) sued the County of Albany, New York (defendant) under the Voting Rights Act of 1965 (VRA), 52 U.S.C. § 10101. The plaintiffs prevailed in district court and sought an award of attorney’s fees. In calculating the fee award, the district court used the hourly rates charged by local attorneys within the district, rather than the higher fees the plaintiffs paid to their out-of-district counsel. The plaintiffs appealed the fee award to the United States Court of Appeals for the Second Circuit, arguing the district court should have based its calculation on out-of-district rates. Specifically, the plaintiffs contended that the district court improperly required them to go above and beyond the normal showing of special circumstances that would justify an attorney’s fee award based on (higher) out-of-district hourly rates.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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