42 U.S.C. § 1983 Litigation

10 Florida cases classified under this topic · sorted by citation count · browse and sort

• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  711 F.2d 1136· 2d Cir.· 1983-06-15 ·cited 82×
  The concurring judge agrees with the majority opinion but expresses reservations about the hourly rate and bonus factor awarded to counsel.
• Brandenburger v. Myron B. Thompson
  494 F.2d 885· 9th Cir.· 1974-03-25 ·cited 78×
  The court held that a litigant represented by a public interest group without charge can still be awarded attorneys' fees under the private attorney general doctrine.
• Brown v. Bathke
  588 F.2d 634· 8th Cir.· 1978-12-13 ·cited 62×
  The court held that attorney's fees under 42 U.S.C. § 1988 should be awarded for all time reasonably expended on a matter, not just on the specific issue on which the plaintiff ultimately prevailed. The court also held that the district court did not abuse its discretion in award
• Kirchoff v. Flynn
  786 F.2d 320· 7th Cir.· 1986-03-17 ·cited 61×
  The dissenting judge argues that the district court's fee award calculation, based on a contingent fee contract reflecting market value, was reasonable and that the majority failed to provide adequate guidance.
• Hudspeth v. Figgins
  584 F.2d 1345· 4th Cir.· 1978-10-05 ·cited 26×
  A single, incredible threat by a correctional officer and subsequent administrative reassignment do not state a claim of constitutional magnitude.
• Flint v. Haynes
  651 F.2d 970· 4th Cir.· 1981-06-19 ·cited 24×
  A district court may assess costs against civil rights litigants who have been granted leave to proceed in forma pauperis, as authorized by 28 U.S.C. § 1915(e).
• Minns v. Paul
  542 F.2d 899· 4th Cir.· 1976-08-09 ·cited 18×
  Court-appointed attorneys acting within the scope of their duties are entitled to absolute immunity from suits under 42 U.S.C. § 1983.
• Webb v. Cnty. Bd. OF Educ. OF Dyer Cnty.
  715 F.2d 254· 6th Cir.· 1983-08-29 ·cited 11×
  Attorney's fees are not recoverable under 42 U.S.C. § 1988 for services rendered in optional state administrative proceedings when exhaustion of those remedies is not required.
• Elbert Welch v. Smith
  810 F.2d 40· 2d Cir.· 1987-01-27 ·cited 7×
  An order denying a plaintiff the appointment of counsel to represent him in pursuing the merits of a suit under 42 U.S.C. § 1983 may not be challenged separately by a direct appeal.
• Orvin C. Stanwood v. Green
  744 F.2d 714· 9th Cir.· 1984-10-05 ·cited 4×
  Attorney's fees under 42 U.S.C. § 1988 are not awardable for work done before October 19, 1976, if the underlying suit was not substantively pending on that date.