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

• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Daggett v. Irwin I. Kimmelman
  864 F.2d 1122· 3d Cir.· 1989-01-10 ·cited 2×
  The court held that the district court erred in awarding attorneys' fees for the remedy phase without a proper apportionment of time between constitutionally permissible redistricting efforts and purely political considerations, and that a hearing or discovery may be necessary.
• Wakefield v. Mathews
  852 F.2d 482· 9th Cir.· 1988-07-22 ·cited 2×
  The court held that a broad release of all costs and expenses in a settlement agreement, coupled with a record showing the parties intended to include attorneys' fees, constitutes a waiver of the right to seek fees under 42 U.S.C. § 1988.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Ganey v. Garrison
  813 F.2d 650· 4th Cir.· 1987-03-19 ·cited 2×
  The court affirmed the award of attorneys' fees, finding the plaintiff was a prevailing party entitled to fees under 42 U.S.C. § 1988, but remanded for correction of a potential arithmetical error and to consider fees for the appeal.
• Sw. Marine, Inc. v. Campbell Indus.
  811 F.2d 501· 9th Cir.· 1987-02-25 ·cited 2×
  The court denied the petition for rehearing, finding that the law of the case remained applicable and that Southwest Marine was the prevailing party entitled to fees.
• Fraser v. Bethel Sch. Dist.
  807 F.2d 1507· 9th Cir.· 1987-01-15 ·cited 2×
• Henry v. Gross
  803 F.2d 757· 2d Cir.· 1986-10-14 ·cited 2×
  The court held that the city's termination procedures and notices must comply with state and federal regulations and due process, striking a balance between recipient rights and administrative burden.
• DOE v. Maher
  795 F.2d 787· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that plaintiffs were not entitled to attorney's fees under section 1988 because their claims were based on the Education of the Handicapped Act (EAHCA), which has its own comprehensive remedial scheme, and their purported constitutional claims lacked an independent
• Clients' Council v. Pierce
  778 F.2d 518· 8th Cir.· 1985-12-05 ·cited 2×
  A party is entitled to attorneys' fees under 42 U.S.C. § 1988 when they prevail on a constitutional claim that is identical to a statutory claim under which fees are available, even if the statutory claim was not explicitly pursued in the final pleadings.
• Vernice C. Nichelson v. Quaker Oats Co.
  752 F.2d 1153· 6th Cir.· 1985-01-22 ·cited 2×
  The court held that the district court's findings of racial discrimination were clearly erroneous and unsupported by the record.
• Ophus A. Hutcherson, Jr. v. Bd. OF Supervisors OF Franklin Cnty.
  742 F.2d 142· 4th Cir.· 1984-08-23 ·cited 2×
  The court held that the Tax Anti-Injunction Act barred federal court jurisdiction because Virginia law provides a plain, speedy, and efficient remedy for challenging state taxes, and affirmed the award of attorneys' fees.
• Cipriano v. State OF R.I.
  738 F.2d 535· 1st Cir.· 1984-07-11 ·cited 2×
  The court held that the defendants were foreclosed from attacking the district court's amendment of the judgment because their counsel had agreed to the procedure for correcting the perceived inconsistency in the jury verdicts.
• Burney v. Hous. Auth. OF the Cnty. OF Beaver
  735 F.2d 113· 3d Cir.· 1984-06-01 ·cited 2×
  The court held that attorney fees under 42 U.S.C. § 1988 should be calculated based on prevailing market rates, not just cost, and that the district court erred by not making findings on these rates. The court also affirmed the district court's discretion in apportioning fees aga
• Winicki v. Mallard
  441 So. 2d 693· Fla. 1st DCA· 1983-11-21 ·cited 2×
  The appellate court affirmed the denial of attorney's fees to a pro se attorney litigant, despite the attorney's argument that a prior case did not preclude such an award.
• Brown v. Smith
  662 F.2d 464· 7th Cir.· 1981-10-28 ·cited 2×
  The court held that its prior decision invalidating 'deeming' regulations was overruled by Schweiker v. Gray Panthers, but its holding requiring an individualized determination of a non-institutionalized spouse's needs remained valid. Attorneys' fees are still appropriate for the
• Morrison v. FOX
  660 F.2d 87· 3d Cir.· 1981-10-02 ·cited 2×
  A plaintiff who fails to establish a municipality's liability for money damages under 42 U.S.C. § 1983 cannot recover attorney's fees against the municipality under 42 U.S.C. § 1988.
• Cross v. Johnson
  2023 WL 11878294· S.D. Fla.· 2024-10-04 ·cited 1×
  The court recommended denying the defendant's motion for attorney's fees, finding that the plaintiff's civil rights claims were not frivolous, unreasonable, or without foundation.
• Raines v. State
  987 F. Supp. 1416· N.D. Fla.· 1997-11-21 ·cited 1×
  The court approved the proposed class action settlement, finding it fair, reasonable, and adequate, and that the objections raised did not render it unfair.
• Lobester James Loggins v. Delo
  999 F.2d 364· 8th Cir.· 1993-07-21 ·cited 1×
  The court held that disciplinary action for an inmate's letter containing derogatory remarks about a mail clerk violated the inmate's First Amendment rights because the remarks did not implicate prison security, and the district court did not abuse its discretion in awarding atto
• Curtis v. City OF DES Moines
  995 F.2d 125· 8th Cir.· 1993-05-28 ·cited 1×
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not subject to a prior judgment creditor's lien, but the judgment creditor has a superior claim to the underlying judgment proceeds if proper notice was given.
• Hutchinson v. Staton
  994 F.2d 1076· 4th Cir.· 1993-05-24 ·cited 1×
  The court held that the district court erred in vacating its prior award of attorneys' fees to the prevailing defendants under 42 U.S.C. § 1988, as the plaintiffs' claim was frivolous and groundless.
• Farmer v. City of Fort Lauderdale
  814 F. Supp. 1101· S.D. Fla.· 1993-02-03 ·cited 1×
  The court held that the plaintiff's claim was barred by the statute of limitations because the limitations period began to run upon notice of termination, not the final day of employment or subsequent alleged discriminatory acts.
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  773 F. Supp. 321· M.D. Fla.· 1991-07-02 ·cited 1×
  The court held that the plaintiff was not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988 because the lawsuit did not vindicate its rights, did not result in the cessation of the challenged behavior, and did not materially alter the legal relationship of the
• East-Bibb Twiggs Neighborhood Ass'n v. MacOn Bibb Planning & Zoning Comm'n
  888 F.2d 1576· 11th Cir.· 1989-11-30 ·cited 1×
  A federal court lacks subject matter jurisdiction to hear a state law permissive counterclaim for abusive litigation in response to a 42 U.S.C. § 1983 action when no diversity jurisdiction exists.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• Hepperle v. Panama Mach. & Supply Co.
  532 F. Supp. 1085· N.D. Fla.· 1982-02-23 ·cited 1×
  Prevailing defendants are entitled to attorney fees under 42 U.S.C. § 1988 if the plaintiff's lawsuit was frivolous, unreasonable, or without foundation.
• Fleuranville v. Miami-Dade Cnty.
  S.D. Fla.· 2024-12-13
  The court recommended granting defendants' motion for attorney's fees because the plaintiff's claims were frivolous, unreasonable, or without foundation.
• Provitola v. Comer
  M.D. Fla.· 2024-11-15
  The court held that defendants are entitled to a reduced award of attorneys' fees due to excessive billing and block billing, applying a 15% reduction to the lodestar calculation.
• Sepulveda v. City of Doral
  S.D. Fla.· 2024-08-21
  The Court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for attorneys' fees and costs.
• Provitola v. Comer
  M.D. Fla.· 2024-05-09
  Defendants are entitled to attorney's fees under 42 U.S.C. § 1988 because the plaintiff's case was frivolous and lacked arguable merit, and under 28 U.S.C. § 1927 due to the plaintiff's vexatious multiplication of proceedings.
• Palm Beach Polo, Inc. v. The Vill. of Wellington
  S.D. Fla.· 2021-10-13
  The court held that the defendant is entitled to attorney's fees because the plaintiff's claims under 42 U.S.C. § 1983 were frivolous, unreasonable, and groundless.
• Beach Blitz Co. v. City of Miami Beach
  11th Cir.· 2021-09-21
  Beach Blitz Co., a package liquor store, sued Miami Beach alleging that the city's liquor sales ordinances and enforcement actions violated its constitutional rights, but the district court dismissed all claims under Rule 12(b)(6) and denied further amendments. The Eleventh Circu
• Tracy v. Fla. Atl. Univ. Bd. of Trs.
  S.D. Fla.· 2021-06-28
  The court granted the defendants' motion for costs in part, awarding a reduced amount due to the plaintiff's financial inability to pay, and denied the defendant's motion for attorney's fees.
• Turner v. Wester
  N.D. Fla.· 2021-04-21
  The court held that the plaintiff sufficiently alleged supervisory liability against Sheriff Roberts and denied qualified immunity at the pleading stage, but granted in part the motion to strike punitive damages and attorney's fees claims.
• Prison Legal News v. Inch
  N.D. Fla.· 2019-10-22
  Prison Legal News sought to recover attorneys' fees and expenses after successfully prevailing on a Due Process claim challenging the Florida Department of Corrections' censorship of its magazine, though it lost on its First Amendment claim. The court awarded Prison Legal News $1
• Church of Our Savior v. City of Jacksonville Beach
  2015 U.S. Dist. LEXIS 65244· M.D. Fla.· 2015-05-19
  The court denied the City's motion for reconsideration, modified certain conditions on a conditional use permit, and awarded attorney's fees, setting specific hourly rates for attorneys.
• Am. Atheists, Inc. v. City of Starke
  509 F. Supp. 2d 1221· M.D. Fla.· 2007-06-21 ·via Civil Rights Attorney'S Fees Awards Act Of 1976 (42 U.S.C. § 1988)
  The court granted plaintiffs' motion for attorney fees in part and denied their motion for sanctions, awarding a reduced amount of fees and costs based on the lodestar method and statutory limitations.
• Wolk v. Seminole Cnty.
  510 F. Supp. 2d 786· M.D. Fla.· 2007-02-16 ·via Civil Rights Attorney'S Fees Awards Act Of 1976 (42 U.S.C. § 1988)
  The court held that disputed facts regarding probable cause precluded summary judgment for Deputy Klein on the false arrest and imprisonment claims, but granted summary judgment for other defendants on those claims. Summary judgment was granted for all defendants on the unconstit
• Perry v. Orange Cnty.
  341 F. Supp. 2d 1197· M.D. Fla.· 2004-08-27
  The court adopted the Magistrate Judge's recommendation to award attorneys' fees to the prevailing defendants, but denied sanctions against Plaintiffs' counsel personally, finding their conduct did not rise to the level of contempt.
• Seminole Cnty. v. Koziara
  881 So. 2d 83· Fla. 5th DCA· 2004-08-20
  Seminole County appealed the denial of its motion for attorney's fees and costs after successfully defending a constitutional challenge to an anti-nudity ordinance. The court affirmed the denial of attorney's fees but remanded for determination of costs, which the county is entit
• Baggs v. City of S. Pasadena
  877 F. Supp. 546· M.D. Fla.· 1997-04-09
  The court held that the defendant was not entitled to attorneys' fees and costs because the plaintiffs' litigation was not frivolous, unreasonable, or without foundation.
• Garth Maag v. Wessler
  993 F.2d 718· 9th Cir.· 1993-05-24
  The court held that a district court is not required to articulate specific reasons for denying attorney fees to a prevailing defendant under 42 U.S.C. § 1988, and that the law of the case doctrine did not compel an award in this instance.
• Stewart v. Gates
  987 F.2d 1450· 9th Cir.· 1993-03-12
  The court held that the district court abused its discretion in awarding attorney fees under 42 U.S.C. § 1988 due to insufficient findings regarding reasonable hours and rates, and improper fee enhancement.
• Dawson v. Scurr
  986 F.2d 257· 8th Cir.· 1993-02-23
  The court held that Iowa Administrative Code Rule 291-20.6(6) is a constitutionally valid regulation reasonably related to legitimate penological interests, and thus vacated the injunction and attorney fee award.
• BFI Med. Waste Sys. v. Whatcom Cnty.
  983 F.2d 911· 9th Cir.· 1993-01-15
  A county ordinance banning out-of-county medical waste disposal violates the Commerce Clause and is therefore unconstitutional. Attorney's fees under 42 U.S.C. § 1988 may be available, requiring remand for the district court to exercise its discretion.
• Thomas v. Bible
  983 F.2d 152· 9th Cir.· 1993-01-07
  The majority erred in holding that the law of the case prohibited the district court from awarding attorney's fees, as the prior appellate decision on fees was discretionary and did not establish law of the case for the district court.
• Folden v. Wash. State Dep't OF Soc. & Health Servs.
  981 F.2d 1054· 9th Cir.· 1992-12-11
  The court affirmed the district court's decision, holding that Washington's Medicaid reimbursement rates complied with the Boren Amendment's procedural and substantive requirements and that the state was not entitled to attorneys' fees.
• Or. State Police Officers Ass'n v. Peterson
  979 F.2d 776· 9th Cir.· 1992-11-13
  The court held that the plaintiffs failed to establish a justiciable case or controversy, as the alleged future events required for the denial of attorney fees were too speculative.