IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Darla Kaye Wynne ) Civil Action No.: 0 01-3409 22
)
Plaintiff, )
)
vs. )
)
Great Falls, an incorporated town )
of the State of South Carolina, )
County of Chester; Henry Clayton )
Starnes, Mayor; Joe V. Pendergrass, )
Councilman; John Broom, Council- )
man; Henry Stevenson, Councilman; )
Barbara Hilton, Councilwoman; )
Raymond H. Baker, Councilman, )
)
Defendants. )
______________________________)
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AFFIDAVIT
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Personally appeared before me, Herbert E. Buhl, III, who
being duly sworn deposes and says:
1. He is the attorney of record for the Plaintiff in this action.
2. The statement of hours expended in this case, incurred and set out in the
accompanying Exhibit, is true and correct and was necessary for the prosecution
of this action. That I have made a good faith effort to exclude time which
may be considered excessive, redundant or otherwise unnecessary from this fee
request.
3. For the purpose of establishing an hourly fee pursuant
to Johnson v. Georgia Highway Express, Inc., 488 F.2d 714
(5th Cir. 1974); Anderson v. Morris, 658 F.2d 246 (4th Cir.
1981), and Barber v. Kimbrell's, Inc., 577 F.2d 216 (4th
Cir.) cert denied 439 U.S. 934 (1978); my educational background
is as follows: B.A. from the University of South Carolina,
1967; J.D. from the University of South Carolina, School
of Law, 1970. That I was admitted to the South Carolina Bar
in 1970, the West Virginia Bar in 1970 and the District of
Columbia Bar in 1971. I am a member in good standing of the
South Carolina Bar, the West Virginia Bar and the District
of Columbia Bar.
4. My employment experience includes the active practice of law for over thirty-two
(32) years. I was employed as a Reginald Heber Smith Community Lawyer Fellow
from 1970-1972, and was employed as an attorney with the Legal Aid Society
of Charleston, West Virginia and the Legal Aid Service Agency, Columbia, South
Carolina. I was employed as a Staff Attorney for the American Civil Liberties
Union of South Carolina from 1973 until 1979. I have been involved in the private
practice of law in Columbia, South Carolina since 1973. In 1979, I received
a two (2) year Quality Improvement Project Grant from the Legal Services Corporation,
Inc., Washington, D.C. to train attorneys at the Legal Services Agency of Western
Carolina, Inc., Greenville, South Carolina, in State and Federal litigation
practice. From 1987 until 1989, I served as an attorney for Richland County
School District One, Columbia, South Carolina. I have had extensive Federal
trial and Appellate Court experience. I have been counsel in a wide variety
of litigation in the Federal Courts including employment discrimination, Garner
v. E.I. DuPont DeNemours & Co., 538 F.2d 611 (4th Cir. 1976); Consumer
Rights, Hammond v. Powell, 462 F.2d 1053 (4th Cir. 1972); Housing Discrimination,
Bradley v. Brabham, 463 F. Supp. 27 (D.S.C. 1978); Landlord-Tenant rights,
Shaffer v. Holbrook, 346 F.Supp. 762 (S.D.W.Va. 1972); Pettigrew v. Womble,
589 F.Supp. 242 (D.S.C. 1984); Welfare rights, Doe v. Ellis, 350 F. Supp. 375
(D.S.C. 1972) (three judge court); Edwards v. Flowers, 460 F.2d 1191 (4th Cir.
1972); Prisoners' rights, Pearson v. Townshend, 362 F.Supp. 207 (D.S.C. 1973);
Pretrial detainee rights, Patterson v. Morrissette, 564 F.2d 1109 (4th Cir.
1977); voting rights, Washington v. Finley, 664 F. 2d 913 (4th Cir. 1981);
Lewis v. Saluda County, South Carolina County Council, et al., C. A. No. 83-1514-3
(D.S.C. 1985); Blanding v. Dubose, 454 U.S. 393 (1982); McCain v. Lybrand,
104 U.S. 1037 (1984); and Jackson v. Edgefield County, South Carolina School
District, 650 F.Supp. 1176 (D.S.C. 1986); students' rights to an educational
opportunity, Regina J. v. English C.A. No. 75-616 (D.S.C. 1975); Donnie R.
v. Wood, C.A. No. 77-1360 (D.S.C. 1977); Plumley v. School District of Greenville
County, South Carolina, C.A. No. 80-1407-3 (D.S.C. 1980); and Pamela N. v.
Saluda School District Number One, C.A. No. 81-580-3 (D.S.C. 1981); Defendants'
rights, Bursey v. Weatherford, 429 U.S. 545 (1977); rights of mental patients,
Alexander v. Hall, C.A. No. 72-209 (D.S.C. 1971); the right of Peaceful Assembly,
Jesse Jackson v. Edgefield County District School Board of Trustees, C.A. No.
81-1316-3 (D.S.C. 1981); the right of freedom of association, Gay Students
Association v. University of South Carolina, C.A. No. 82-3080-0 (D.S.C. 1983);
the right of freedom of speech and assembly, Brett A. Bursey v. United States
of America, ____ F.2d ____ opinion 83-2005 (4th Cir. 1985); the duty of fair
representation, Booth v. Hoescht Celanese, et al., C.A. No. 0:94-1524-17 (D.S.C.
1995); Woodward v. Salant, C.A. No. 0:96:2103-17 (D.S.C. 1997), Weldon v. UNITE,
C.A. No. 096-2722-17 (D.S.C. 1997), Bennefield v. Hoescht Celanese and UNITE,
C.A. No. 0:97-3587-17 (D.S.C. 1999); sexual harassment, Thompson v. Calhoun
County Sheriff's Department, C.A. No. 3:94-1149-19 (D.S.C. 1995); age discrimination,
Wood v. Richland County Council, C.A. No. 3:85-1789-0 (D.S.C. 1987); and police
misconduct, Hudson Gardner v. S.C. Dept. of Highways and Public Transportation,
C.A. No. 3:94-641-0 (D.S.C. 1995), Kelly v. Richland County Sheriff's Department,
C.A. No. 3:98-2791-10 (D.S.C. 1999). I have also been counsel in a wide variety
of litigation in the State Courts of South Carolina in the areas of employee
rights, Todd v. S.C. Farm Bureau, Ins. Co., 336 S.E.2d, 472, 287 S.C. 190 (1985);
Loges v. Mack Trucks, 308 S.C. 134, 417 S.E.2d 538 (1992); collective bargaining
rights and preemption, Wood v. American Federation of Government Employees,
318 S.E.2d 558, 282 S.C. 406 (1984); juvenile post conviction relief, Shedden
v. State, 218 S.E.2d 421, 265 S.C. 334 (1975); indigents right to a transcript
in T.P.R. cases, SC DSS v. Wilson, 49 USLW 2291 (Nov. 4, 1980), 7 Fam. L.R.
2025 (Nov. 11, 1980); and employment: ERISA and LMRA preemption, Lewis v. Local
382 International Brotherhood of Electrical Workers, 324 S.C. 412, 481 S.E.2d
135 (Ct.App. 1997) Aff'd ____S.C.____ Opinion No. 24963 (S.C. Sup. Ct., July
12, 1999).
5. That I am currently a member of the Employment and Labor Law Section, the
Consumer Law Division, and the Family Law Section of the South Carolina Bar.
Affiant has been a frequent lecturer at Continuing Legal Education seminars
in the areas of litigation of constitutional issues and civil rights practice,
as well as the rights of handicapped students. In 1994, I received the Pro
Bono Lawyer of the Year Award from the South Carolina Bar in recognition of
my commitment to pro bono services in South Carolina. I have also received
the Robert D. Spencer Volunteer Advocate Award from the Board of South Carolina
Protection and Advocacy System for the Handicapped, Inc. for service to the
handicapped citizens of the state. I am admitted to practice before the United
States District Court for the District of South Carolina, the United States
District Court for the Southern District of West Virginia, the United States
District Court for the District of Columbia, the United States Court of Appeals
for the Fourth Circuit, the United States Court of Appeals for the District
of Columbia and the United States Supreme Court.
6. That this case was undertaken on a wholly contingent basis. That I have
not received any fees in this case and will not receive any fees other than
the reasonable attorney's fees awarded by this Court. Due to the time demands
of this case, I have been precluded from undertaking several other fee generating
cases and believe that the preclusion of other employment and the contingency
of payment are factors that should be considered in regard to this request
for attorney's fees and costs.
7. That I have been counsel in numerous cases brought pursuant to the provisions
of the United States Constitution and the Voting Rights Act, 42 USC § 1973.
Attorney's fees were awarded in a number of the voting rights cases in which
I was involved. Attorney's fees were settled in Blanding v. Dubose, 454 U.S.
393 (1982). In Sumter County South Carolina v. United States of America, 596
F.Supp. 35 (D.D.C. 1984), I received fees at the rate of $113.00 per hour.
In Lewis v. Saluda County Council, C.A. No. 83-1514-3 (D.S.C. 1984), this Court
awarded $9,100.00 as attorney's fees for 91 hours. This award was at the rate
of $100.00 per hour. On April 13, 1987, in McCain v. Lybrand, C.A. No. 74-281-3,
a voting rights action involving the Edgefield County Council elections, the
District Court awarded attorney's fees to the Affiant at a rate of One Hundred
Twenty-five ($125.00) Dollars per hour. On July 27, 1987, the District Court
in Jackson v. Edgefield County, South Carolina School District, 650 F.Supp.
1176 (D.S.C. 1986) awarded Affiant reasonable attorney's fees of $22,031.25
for 176.25 hours at a rate of $125.00 per hour. In Jackson v. Johnston, South
Carolina Mayor and Town Council, C.A. No. 9:87-995-3 (D.S.C. 1987) attorney's
fees were settled and Affiant received attorney's fees at the rate of One Hundred
($100.00) Dollars per hour in a compromise settlement. In Glover v. Laurens
South Carolina Mayor and City Council, C.A. No. 6:87-1663-17. (D.S.C. 1987)
the attorney's fees issue was settled and Affiant received fees at the rate
of One Hundred Twenty-five ($125.00) Dollars per hour in a compromise settlement.
In Holloway v. Board of Trustees of Saluda School District Number One C.A.
No. 9-88-638-3 (D.S.C. 1988) the issue of attorney's fees was settled and a
Affiant received $6,062.50 for 48.5 hours at a rate of One Hundred Twenty-five
($125.00) Dollars per hour. In Broome v. Winnsboro, South Carolina, C.A. No.
0:88-1160-16 (D.S.C. 1988), the Affiant received $7,156.25 as attorney's fees
for 57.25 hours at the rate of One Hundred Twenty-five ($125.00) Dollars per
hour. In Walker v. Fairfield County, South Carolina County Council, C.A. No.
0-88-2927-6 (D.S.C. 1988), Affiant received attorney's fees at the rate of
One Hundred Twenty-five ($125.00) Dollars per hour.
8. These fees forth above reflected my normal rate ten (10) years ago. That
my normal rate for work performed in the U. S. District Court is now between
$165.00 and $225.00 per hour. That in Vander Linden v. Hodges, et al., C/A
No.: 2-91-3635-2 (D. S.C.) (June 6, 2000) I was awarded attorneys fees at the
rate of $225.00 per hour and received the sum of $31,725.00. That upon information
and belief, attorneys in South Carolina with similar experience charge between
$165.00 and $275.00 per hour for work performed in the United States District
Court for the District of South Carolina.
9. That I have expended a total of fifty seven and one-half (57.50) hours thus
far in the prosecution of this case and request a rate of Two Hundred Twenty-five
and No/100 ($225.00) Dollars per hour. I am informed and believe that the attorney's
fees and costs for which I seek payment are reasonable and necessarily incurred
in the proper representation of my clients. I therefore request payment in
the sum of Thirteen Thousand four hundred fifty-seven and 50/100 ($13,457.50)
Dollars. I reserve the right to submit supplemental Affidavits documenting
such additional time expended as may be necessary to bring this case to conclusion.
_____________________________________________
Herbert E. Buhl, III
Attorney at Law
533 Harden Street
Columbia, South Carolina 29205
(803) 799-3767
Federal I.D. #1564
SWORN TO BEFORE ME THIS THE
_______ day of ________________, 2003.
________________________________(L.S.)
Notary Public for South Carolina
My Commission Expires: __________
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