U.S. Appeals Court: PLRA-Prison Litigation Reform Act PARTIAL SUCCESS DETERMINATION.
Montcalm Pub. Corp. v. Commonwealth of Virginia, 199 F.3d 168 (4th Cir. 1999). A publisher who was granted leave to intervene in a suit challenging prison regulations that prevented access to sexually explicit magazines moved to recover attorney fees. The district court granted the fee award, subject to the fee limitations of the Prison Litigation Reform Act (PLRA). The publisher appealed and the appeals court affirmed in part and reversed and remanded in part. The appeals court held that limits on attorney fees in PLRA govern the fees sought by a non-prisoner who intervenes in a case originally brought by a prisoner. The appeals court also held that the district court did not abuse its discretion in reducing the fee award to reflect lack of success and other factors. (Keen Mountain Correctional Center, Virginia)