091554P.pdf   08/13/2010  Mohamed El-Tabech  v.  Harold Clarke
   U.S. Court of Appeals Case No:  09-1554
                          and No:  09-2691
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Loken, Author, with Colloton and Gruender, Circuit
   Judges]
   Prisoner Case - civil rights. Following judgment and award of attorneys
   fees to prisoner in this civil rights action, prisoner sought to enforce the
   order and increase the post-judgment interest rate. The district court's
   order granting the original fee award is reversed, as section 1988 does not
   preempt Nebraska law which requires legislative approval and
   appropriation prior to State's payment of federal court judgment. District
   court abused its discretion in increasing post-judgment interest rate
   beyond the section 1961(a) rate without a showing a extraordinary
   circumstances. Award of supplemental attorneys fee is reversed and
   remanded for reconsideration of time spent on unsuccessful claims, on
   the post-judgment monitoring in light of the Prison Litigation Reform Act
   limitations, on the motion for contempt for unreasonable and unnecessary
   time, and on the fee application for excessiveness.