United States Eighth Circuit

In an action by a Muslim inmate alleging that prison officials were violating his religious rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act, two contempt orders regarding defendants' compliance with the district court's judgment are reversed where: 1) Congress did not reflect in 42 U.S.C. section 1988 a "clear and manifest" intent to entirely preempt statutes such as Neb. Rev. Stat. section 25-1806; 2) the district court failed to determine an appropriate compensatory post-judgment interest rate; and 3) plaintiff did not fully deduct time spent on unsuccessful or non-compensable issues, his attorneys spent an unreasonable amount of time on compensable aspects of the case, and the requested fee was not proportional to the relief obtained.

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• James B. Loken

Court

• United States Eighth Circuit

Counsel