Farrar v. Hobby, 506 U.S. 103, 20 (1992)

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122

FARRAR v. HOBBY

Opinion of White, J.

other than occupying the time and energy of counsel, court, and client. Section 1988 is not "a relief Act for lawyers." Riverside v. Rivera, 477 U. S. 561, 588 (1986) (Rehnquist, J., dissenting). Instead, it is a tool that ensures the vindication of important rights, even when large sums of money are not at stake, by making attorney's fees available under a private attorney general theory. Yet one searches these facts in vain for the public purpose this litigation might have served. The District Court speculated that the judgment, if accompanied by a large fee award, might deter future lawless conduct, see App. to Pet. for Cert. A23-A24, but did not identify the kind of lawless conduct that might be prevented. Nor is the conduct to be deterred apparent from the verdict, which even petitioners acknowledge is "regrettably obtuse." Tr. of Oral Arg. 16. Such a judgment cannot deter misconduct any more than a bolt of lightning can; its results might be devastating, but it teaches no valuable lesson because it carries no discernable meaning. Cf. Chicano Police Officer's Assn. v. Stover, 624 F. 2d 127, 131 (CA10 1980) (nuisance settlement that does not promote any public purpose cannot support award of attorney's fees), cited and quoted in Garland, supra, at 792.

III

In this case, the relevant indicia of success—the extent of relief, the significance of the legal issue on which the plaintiff prevailed, and the public purpose served—all point to a single conclusion: Joseph Farrar achieved only a de minimis victory. As the Court correctly holds today, the appropriate fee in such a case is no fee at all. Because the Court of Appeals gave Joseph Farrar everything he deserved—nothing—I join the Court's opinion affirming the judgment below.

Justice White, with whom Justice Blackmun, Justice Stevens, and Justice Souter join, concurring in part and dissenting in part.

We granted certiorari in this case to decide whether 42 U. S. C. § 1988 entitles a civil rights plaintiff who recovers

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