Attorney Fees for Post-Judgment Efforts
In Miller v. Carson (5th Cir. 1980), 628 F.2d 346, the petitioners were successful in obtaining a form of relief in the postjudgment action.
In that case, the plaintiffs obtained injunctive relief enjoining certain jail conditions found to be unconstitutional.
When the defendants failed to fully comply with the orders, the plaintiffs brought a series of motions directed at obtaining compliance.
Although these motions were denied by the court, the district court made a factual finding that the plaintiffs' postjudgment efforts "successfully induced the defendant to comply with . . . the injunction" and " 'no doubt had the effect of maintaining compliance with the Court's injunction.' " (Id. at pp. 348-349.)
Based on these factual findings that the plaintiffs had in fact achieved a favorable outcome, the Fifth Circuit affirmed the trial court's order awarding the plaintiffs attorney fees for these postjudgment efforts. (Ibid.)