In re Head

In In re Head (1986) 42 Cal.3d 223, the court of appeal reversed an order awarding attorneys fees in an action brought to enforce civil rights of prison inmates, solely because the issue had been raised by a petition for a writ of habeas corpus. Relying upon established law that attorneys' fees under section 1021.5 are not available for the successful defense against criminal prosecution, the court of appeal concluded fees were unavailable simply because the procedure for a petition for habeas corpus is set forth in the Penal Code. The California Supreme Court held it was error to conclude fees were unavailable solely because the prisoner plaintiffs had sought relief in the form of a writ of habeas corpus, because, had the same rights been vindicated instead by a writ of mandamus, fees would have been available under section 1021.5. The critical question was the "impact of the action," not the procedure the prisoners used to assert their civil rights. (Id. at pp. 228-230.)