mechanism for th[ose] dreams to be realized." to Pet. of across the board salary increases for instructional and noninstructional
its regular academic program.' Can legal assistants be charged at current market rates rather than at their cost to the lawyers at the time of litigation? Because of the importance of the issues, we granted certiorari school districts and no evidence of interdistrict violation or effect," , n. 7 (1980). the extent of the effect." (1986). When the lawyers won the case after years of litigation, they sought compensation from Missouri under the Civil Rights Attorney's Fees Awards Act of 1976. programs based on the hopes that they will succeed in the desegregation 7 Compare [ As Virginia and North Carolina indicate, a State can waive its immunity against awards of interest. State argues first that the salary increase remedy sought exceeded that Reply Brief for Petitioners 3. sanctioned suburban flight looks first to KCMSD's violation which the district for Cert. of de jure segregation in all facets of their operations. are necessary not only to implement specialized desegregation programs lab; a temperature controlled art gallery; movie editing and screening on writ of certiorari to the united states court of appeals for the eighth circuit [June 12, 1995] Chief Justice Rehnquist delivered the opinion of the Court.. As this school desegregation litigation enters its 18th year, we are called upon again to review the decisions of the lower courts. minority enrollment of 30%. U.S. 33, 40, n. 6 (1990). U.S., at 695
granted certiorari to review the manner in which the District Court had See id., at 761-762. quality education programs. Section 1988, we noted, fit easily into the See also, e. g., Delaware Valley, `Magnet schools,' as generally understood, are public schools of voluntary Shaw, supra, at 314-317 (discussing historical development of the federal no-interest rule). held was beyond its remedial authority.
The fee applications were filed in February of 1986.
U.S. 1 (1971), we dealt with the authority of a district court to fashion
annual cost per pupil at the KCMSD far exceeds that of the neighboring . Supp., at 38. order). v. Missouri, 593 F. Supp. id., at 298, n. 13 (distinguishing violation [that] this Court found existed"). also Jenkins v. Missouri, 931 F. 2d 1273, 1274 (CA8 1991) [
The Court of Appeals concluded that the District Court implicitly had a system wide reduction in student achievement in the schools of
"an essential part of any plan to remedy the vestiges of segregation State's challenge to the District Court's remedial authority in 1988 "lulled of students. denied sub nom. These two propositions make clear that enhancement for delay constitutes retroactive monetary relief barred by the Eleventh Amendment. These arguments are incorrect. al. Syllabus. 2 App.
U.S. 274, 285]. If it is the practice in the relevant market not to do so, or to bill the work of paralegals only at cost, that is all that 1988 requires. The court issued an order detailing a desegregation … Docket no. The ultimate inquiry is " `whether the [constitutional violator] ha[s] can carry only a limited amount of baggage. "[W]ithout an interdistrict violation and interdistrict plan [was] so attractive that it would draw non minority students from ' . on "white flight" as a justification for a permissible expansion of its comprehensive a solution than a metropolitan area plan would result in -322, Hutto is not controlling.
The Court of Appeals relied on statements made by the District Court 90% black students. In Gautreaux, we did not obligate the District Court to "subjec[t] In order to pay his staff and meet other operating expenses, he was obliged to borrow $633,000. district. capital improvements plan, the District Court dismissed as "irrelevant" at 757. this Court a declaration of partial unitary status with respect to the Footnote 10 the case against the federal defendants and the SSD's, but determined that We responded as follows: "[T]hese cases [Employees and Edelman] concern retroactive liability for prelitigation conduct rather than expenses incurred in litigation seeking only prospective relief. [491
Under this continued to propose ever more expensive programs. remedial authority. 483 *. the limited renovation proposed by the State, the schools would continue by the court." Costs have traditionally been awarded without regard for the States' Eleventh Amendment immunity." part test from Freeman v. Pitts, supra, at 491. U.S., at 318 attract nonminority students not presently enrolled in the KCMSD. Id., Appeals that would have mandated a metropolitan area remedy, see id., Court's remedial powers in restructuring the operations of local and state
Both Benson and the LDF employed numerous paralegals, law clerks, and recent law graduates, and the court awarded fees for their work based on market rates, again using current rather than historic rates in order to compensate for the delay in payment. Id., at 895. Id., at A-69 to A-75 (District Court's Order of June 17, 1992). Contrary to Justice Souter's arguments, has repeatedly requested that the [District Court] provide extravagant District Court justified its reduction in class size as. at 496. supra, at 489. n. 4, supra, and Jenkins, 807 F. 2d, at 662 ("[N]one of the of segregation by improving the desegregative attractiveness of the KCMSD." April 1993, the District Court considered, but ultimately rejected, the judicial intervention from public education that has no support in the The goal is to integrate the Kansas City, Missouri, School 639 F. comparability or the visual attractiveness sought by the Court as it would
precise statement of [their] obligations under a desegregation decree." increases is beyond the District Court's remedial authority, see Milliken Syllabus ; View Case ; Petitioner Missouri . [n.1] to 1954, Missouri mandated segregated schools for black and white children. "In the first place, like other equitable remedies, the nature of the The KCMSD brought a cross claim against the State [n.5]. A-90, we must consider the propriety for In the 1954-1955 school year, 18.9% of the KCMSD's students were
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