ALLEGHENY PITTSBURGH COAL CO.

v.

COUNTY COMMISSION OF WEBSTER COUNTY, WEST VIRGINIA; AND EAST KENTUCKY ENERGY CORP. ET AL. V. COUNTY COMMISSION OF WEBSTER COUNTY, WEST VIRGINIA

Citator

Cited By

• Romberg v. Nichols, 953 F.2d 1152 (9th Cir. 1992)
  …Ct. at 2694 (plurality opinion); see also Nephew v. City of Aurora, 830 F. 2d 1547, 1549 (10th Cir.1987) (en banc) (“vindication [of civil rights] often can include important social benefits that are not reflected in nominal damages”), cert. denied, 485 U.S. 976, 108 S.Ct. 1269, 99 L.Ed.2d 481 (1988). The dispositive inquiry for section 1988 purposes, therefore, focuses upon the legal issues at stake, not upon the prayer for relief. It focuses upon the liability stage of the proceedings, not upon the damag…
• United States v. United States Currency IN THE Amount OF $228, 895 F.2d 908 (2d Cir. 1990)
  …ffending property rather than a criminal penalty against the person acquitted. United States v. $2500 in United States Currency, 689 F. 2d 10, 12-16 (2d Cir.1982); United States v. D.K.G. Appaloosas, Inc., 829 F. 2d 532 (5th Cir.1987), cert. denied, 485 U.S. 976, 108 S.Ct. 1270, 99 L.Ed.2d 481 (1988). In an in rem forfeiture proceeding, [i]t is the property which is proceeded against, and, by resort to a legal fiction, held guilty and condemned as though it were conscious instead of inanimate and insentien…
• Houston v. Reich, 932 F.2d 883 (10th Cir. 1991)
  …r, an award of $12,500 in attorney fees was not an abuse of discretion where the most important aspect of the judgment was the vindication of plaintiffs’ civil rights. Nephew v. City of Aurora, 830 F. 2d 1547 (10th Cir.1987) (en banc), cert. denied, 485 U.S. 976, 108 S.Ct. 1269, 99 L.Ed.2d 481 (1988). Because § 1988 is designed to vindicate federal constitutional and statutory rights, a prevailing plaintiff ordinarily should recover attorney’s fees. Smith v. Robinson, 468 U.S. 992, 1006, 104 S.Ct. 3457, 346…