Ninth Circuit Holds Civil Rights Fee Award Must Be Adjusted Downward for Limited Success

In McCown v. City of Fontana, published April 24, 2009, the Ninth Circuit hods that when a district court judge awards a plaintiff fees under 42 USC section 1988 for success in a 42 USC section 1983 lawsuit, the judge must reduce the amount sought if the plaintiff obtained limited success and did not confer a substantial benefit on the community through that success (such as a change in government policy).  For instance, in this case, where the plaintiff demanded over $200,000 but settled the suit for $20,000, a reduction of fees was mandatory.