42 U.S.C. § 1988 (Attorney'S Fees)

525 Florida cases classified under this topic, plus 135 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Leggett v. Badger
  798 F.2d 1387· 11th Cir.· 1986-09-09 ·cited 4×
  The district court correctly declined to enforce a prior mandate because intervening controlling authority (Kentucky v. Graham) dictated a contrary result, falling under a narrow exception to the law of the case doctrine.
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Healy v. Town of Pembroke Park
  643 F. Supp. 1208· S.D. Fla.· 1986-05-29 ·cited 4×
  The court held that individual defendants are immune from § 1983 liability due to absolute legislative immunity, but the Town is liable for violating plaintiffs' civil rights. The court granted partial summary judgment on liability for the plaintiffs against the Town and granted
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Elmore v. Shuler
  787 F.2d 601· D.C. Cir.· 1986-04-04 ·cited 4×
  A broad settlement release, discharging defendants from all claims and demands, precludes a subsequent claim for attorneys' fees unless explicitly reserved, even if the original complaint sought fees.
• Holloway v. Judge Dee Brown Walker
  784 F.2d 1294· 5th Cir.· 1986-03-19 ·cited 4×
  The court held that the trial court did not err in denying attorney's fees to the prevailing defendant because the plaintiffs' claims were not frivolous or brought in bad faith.
• Hershinow v. M.F. Bonamarte, Jr.
  772 F.2d 394· 7th Cir.· 1985-09-13 ·cited 4×
  The court affirmed the district court's award of attorney's fees against the plaintiff, finding his civil rights claims to be frivolous, unreasonable, or groundless.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• 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.
• Soc'y FOR Good Will TO Retarded Child., Inc. v. Cuomo
  737 F.2d 1253· 2d Cir.· 1984-06-14 ·cited 4×
  An award of attorney's fees is premature when a party has not yet prevailed on the merits of their claims.
• Glosen v. Barnes
  724 F.2d 1418· 9th Cir.· 1984-02-02 ·cited 4×
  The Eleventh Amendment bars a § 1983 action seeking retroactive relief from a state, and attorney's fees under § 1988 are similarly barred when the underlying claim involves retroactive liability.
• Tabcor Sales Clearing, Inc. v. United States
  723 F.2d 26· 7th Cir.· 1983-12-02 ·cited 4×
  The court held that the district court erred in awarding costs and fees based solely on the size of the government's counterclaim without sufficient evidence of bad faith or frivolousness, and that the district court did not abuse its discretion in limiting the fee award to work
• Collins v. Hoke
  705 F.2d 959· 8th Cir.· 1983-02-15 ·cited 4×
  The county's application of its ordinance to Mr. Collins, requiring him to move to the county poor farm for general assistance, violates the Equal Protection Clause.
• Dennis and Susan Derheim v. Hennepin Cnty. Welf. Bd.
  688 F.2d 66· 8th Cir.· 1982-09-13 ·cited 4×·via Claim For Attorney'S Fees Under 42 U.S.C. § 1988
  The court held that the state administrative proceedings were not "proceedings to enforce 42 U.S.C. § 1983" and therefore did not qualify for attorney's fees under 42 U.S.C. § 1988.
• Consumers Union OF United States, Inc. v. Va. State BAR
  688 F.2d 218· 4th Cir.· 1982-08-09 ·cited 4×
  The court held that the Virginia State Bar, by virtue of its enforcement role, was liable for attorney's fees under 42 U.S.C. § 1988, and the district court abused its discretion in finding special circumstances to deny such an award. The award of attorney's fees against the Virg
• Bacon v. Toia
  648 F.2d 801· 2d Cir.· 1981-05-04 ·cited 4×
  The court held that certain amendments to New York's emergency assistance law denying cash aid to AFDC recipients and denying aid for loss or theft of grants violate the Equal Protection Clause, but upheld the statute against a Supremacy Clause challenge.
• Gary v. Spires
  634 F.2d 772· 4th Cir.· 1980-12-09 ·cited 4×
  The court held that the defendants' delay in seeking attorney's fees under 42 U.S.C. § 1988, until after the appeal period expired, was inequitable and prejudiced the plaintiffs, thus the award was an error.
• Gustt Bibb v. Montgomery Cnty. Jail Officials
  622 F.2d 116· 5th Cir.· 1980-07-21 ·cited 4×
  The court held that the district court erred in taxing all attorney's fees against state defendants alone, as other constitutional violations besides overcrowding were not solely the state's responsibility.
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
• Cappeletti Bros., Inc. v. Broward Cnty.
  754 F. Supp. 197· S.D. Fla.· 1991-01-15 ·cited 3×
  The court denied defendants' motions for costs and attorney's fees, finding that while some costs might be recoverable, the plaintiffs' suit was not frivolous.
• Sherman v. Babbitt
  772 F.2d 1476· 9th Cir.· 1985-10-03 ·cited 3×
  The court held that a judge has absolute immunity for acts within their judicial capacity, and the Arizona financial responsibility law does not violate the Fourth or Fifth Amendments.
• Venuti v. Riordan
  702 F.2d 6· 1st Cir.· 1983-03-07 ·cited 3×
  The court held that the district court did not abuse its discretion in awarding attorney's fees against the city and in refusing to include costs for related administrative and criminal proceedings.
• Dowdell v. City of Apopka
  521 F. Supp. 297· M.D. Fla.· 1981-08-27 ·cited 3×
  The court held that attorneys' fees and costs are awardable to prevailing parties in civil rights litigation, with specific guidelines for calculating the amounts based on time, customary fees, quality, and contingency.
• Sapp v. Marcum
  2017 WL 445713· M.D. Fla.· 2024-05-31 ·cited 2×
  The court granted the City of Winter Park's motion to compel discovery for judgment execution because the plaintiff failed to respond to the discovery requests or the motion.
• Celli v. City of St. Augustine
  214 F. Supp. 2d 1255· M.D. Fla.· 2000-01-31 ·cited 2×
  The court held that the City of St. Augustine's ordinance prohibiting the use of public property for selling or displaying goods was unconstitutional on its face and as applied, violating the First Amendment.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• Marryshow v. Flynn
  986 F.2d 689· 4th Cir.· 1993-02-04 ·cited 2×·via Civil Rights Attorney'S Fees Awards Act Of 1976 (42 U.S.C. § 1988)
  The court held that for purposes of Federal Rule of Civil Procedure 68, the "judgment finally obtained" must include pre-offer costs and attorney's fees when comparing it to the offer of judgment, and that the trial court did not abuse its discretion in allowing an amended attorn
• Ivron Butler v. Denis Dowd
  979 F.2d 661· 8th Cir.· 1992-11-11 ·cited 2×
  The court held that a zero award for pain and suffering damages was shocking and unreasonable given the facts.
• Cabrera v. Martin
  973 F.2d 735· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that federal defendants did not act under color of state law and thus could not be liable for attorney's fees under 42 U.S.C. § 1988, and that the state defendant also could not be liable as plaintiffs were not prevailing parties.
• Munson v. Milwaukee Bd. OF Sch. Directors
  969 F.2d 266· 7th Cir.· 1992-07-16 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees to the defendants because the plaintiff's federal and state law claims were frivolous and lacked a factual basis.
• Wilder v. Blanche Bernstein
  965 F.2d 1196· 2d Cir.· 1992-06-03 ·cited 2×
  Intervenors who contribute importantly to the creation of remedies in civil rights litigation, even if they do not assert their own rights, are prevailing parties eligible for attorneys' fees under 42 U.S.C. § 1988.
• Timothy Scott McDONALD Barbara J. McDonald v. McCARTHY
  966 F.2d 112· 3d Cir.· 1992-05-27 ·cited 2×·via Civil Rights Attorney'S Fees Awards Act Of 1976 (42 U.S.C. § 1988)
  An appellate court's order directing each party to bear its own costs does not preclude a prevailing party from recovering attorneys' fees under 42 U.S.C. § 1988 for successfully defending a judgment on appeal.
• Cobb v. Saturn Land Co., Inc.
  966 F.2d 1334· 10th Cir.· 1992-05-22 ·cited 2×
  The court held that the ministerial filing of a lien by a county clerk does not constitute state action sufficient for a § 1983 claim, and that Oklahoma's oil and gas lien statutes provide constitutionally adequate procedural protections. The court also affirmed the denial of att
• Corn v. City of Lauderdale Lakes
  794 F. Supp. 364· S.D. Fla.· 1992-05-20 ·cited 2×
  A prevailing party in a Section 1983 action is entitled to reasonable attorneys' fees and costs under Section 1988, with the lodestar calculation adjusted for partial success and contingency risk.
• Cornwell v. Dahlberg
  963 F.2d 912· 6th Cir.· 1992-05-12 ·cited 2×
  The court held that excessive force claims by convicted prisoners must be brought under the Eighth Amendment, not the Fourth, and that prison strip search policies must be reasonably related to legitimate penological interests.
• Homeward Bound, Inc. v. Hissom Mem'l Ctr.
  963 F.2d 1352· 10th Cir.· 1992-05-08 ·cited 2×·via Civil Rights Attorney'S Fees Awards Act Of 1976 (42 U.S.C. § 1988)
  The court held that a contingency enhancement to attorney fees is appropriate only in exceptional cases where there was a real risk of not prevailing at the outset of litigation and substantial difficulty in finding counsel without such an enhancement.
• Flowers v. Phelps
  956 F.2d 488· 5th Cir.· 1992-03-30 ·cited 2×
  The court affirmed the district court's judgment, holding that the notices of appeal were sufficient, the Eighth Amendment claim was properly assessed using the malicious intent standard, and the Eleventh Amendment did not bar the state law claim due to the intentional nature of
• William D. Allen, D.D.S. v. La. State Bd. OF Dentistry
  948 F.2d 946· 5th Cir.· 1991-12-17 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to lift a previously imposed stay, even though the appellant had achieved partial success in state court, because the circumstances justifying abstention had not changed significantly.
• Wilder v. Blanche Bernstein
  944 F.2d 1028· 2d Cir.· 1991-09-24 ·cited 2×
  The court held that intervenors who significantly contributed to a settlement vindicating civil rights are considered 'prevailing parties' entitled to attorneys' fees under 42 U.S.C. § 1988, even if they did not assert their own direct civil rights claims.
• Plott v. Griffiths
  938 F.2d 164· 10th Cir.· 1991-07-01 ·cited 2×
  The court held that a plaintiff who prevails on a state statutory claim, which is factually related to a substantial federal constitutional claim, is entitled to attorney's fees under 42 U.S.C. § 1988, even if the constitutional claim is not decided.
• Morscott, Inc. v. City OF Cleveland
  936 F.2d 271· 6th Cir.· 1991-06-21 ·cited 2×
  The court held that a marginal entry denying attorney's fees under 42 U.S.C. § 1988 is insufficient without stated reasons, and absent special circumstances, prevailing parties must be awarded fees.
• Chowaniec v. Arlington Park Race Track
  934 F.2d 128· 7th Cir.· 1991-06-07 ·cited 2×
  The court held that the Supreme Court's decision in Kay v. Ehrler, which prohibits pro se attorneys from recovering fees under section 1988, applies retroactively and governs the appeal, and that the defendants' failure to cross-appeal prevents challenging the initial fee award.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Aradia Women's Health Ctr. v. Operation Rescue
  929 F.2d 530· 9th Cir.· 1991-04-05 ·cited 2×
  Individuals acting in concert with a party enjoined by a court order can be held in civil contempt for violating that order, even if not directly named in the original injunction.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• Fewquay v. Page
  907 F.2d 1046· 11th Cir.· 1990-07-13 ·cited 2×
  Plaintiff is entitled to attorney's fees for defending an appeal against an award of fees, but defendants are not entitled to fees for defending against a cross-appeal unless the cross-appeal was frivolous.
• Alliance TO END Repression v. City OF Chicago
  899 F.2d 582· 7th Cir.· 1990-04-17 ·cited 2×
  The court affirmed the district court's determination of the settlement date for attorney's fees and denied a request for sanctions, while also calculating final fee awards.
• Blanchard v. Bergeron
  893 F.2d 87· 5th Cir.· 1990-01-31 ·cited 2×
  The court held that the district court failed to provide a clear explanation for its attorney fee award, necessitating a remand for further clarification on the allocation of hours, treatment of paralegal/law clerk time, and compensation for delay.
• Dalton Roberts v. Tenn. Dep't OF Corr.
  887 F.2d 1281· 6th Cir.· 1989-10-05 ·cited 2×
  The court approved a settlement agreement to create a statewide system for relief from local jail overcrowding, coordinating with state prison population orders.