PEREZ v. CATE

No. 09-17185.

632 F.3d 553 (2011)

Carlos PEREZ, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. Matthew CATE; William Kuykendall; Robin Dezember; Edmund G. Brown, Jr., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2011.


Attorney(s) appearing for the Case

Phillip Lindsay , State of California, San Diego, CA, for defendant-appellants Matthew Cate, et al.

Donald Specter , Alison Hardy , Prison Law Office, Berkeley, CA, for plaintiff-appellees Carlos Perez, et al.

Before: RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.


OPINION

IKUTA, Circuit Judge:

The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, caps attorney fees authorized under 42 U.S.C. § 1988 at 150 percent of the "rate established" by the Criminal Justice Act, 18 U.S.C. § 3006A, "for payment of court-appointed counsel." 42 U.S.C. § 1997e(d)(3). This appeal raises the question whether the fee cap also applies to separately billed paralegal fees. Because the Supreme Court has determined...

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