Jones v. Board of Governors of Univ., N.C

Full title: NANCY JONES, APPELLEE v. THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH…

Court: United States Court of Appeals, Fourth Circuit

Date published: May 19, 1986

790 F.2d 1120 (4th Cir. 1986)

Opinion

Nos. 84-1712(L), 85-2001.

Argued April 10, 1986.

Decided May 19, 1986.

Thomas J. Ziko, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief), for appellants.

Jonathan Wallas (John T. Nockleby, Ferguson, Stein, Watt, Wallas Adkins, P.A., Charlotte, N.C., on brief), for appellee.

Appeal from the United States District Court for the Western District of North Carolina.

Before WIDENER, PHILLIPS and ERVIN, Circuit Judges.

PER CURIAM:

Appellants challenge the district court's award of attorney's fees, pursuant to 42 U.S.C. § 1988 (1982), at a rate of $100 per hour to John T. Nockleby, Esquire. The amount of attorney's fees awarded under § 1988 is within the discretion of the district court. See Webb v. Board of Education of Dyer County, ___ U.S. ___, 105 S.Ct. 1923, 1928, 85 L.Ed.2d 233 (1985) (citing Hensley v. Eckerhart, 461 U.S. 424, 432, 103 S.Ct. 1933, 1938, 76 L.Ed.2d 40 (1983)). Upon consideration of the record, briefs, and oral argument, we conclude that the district court did not abuse its discretion and, accordingly, we affirm.

AFFIRMED.