Claim For Attorney'S Fees Under 42 U.S.C. § 1988

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

• Inez Martin v. Heckler
  773 F.2d 1145· 11th Cir.· 1985-10-15 ·cited 61×
  The federal government is liable for attorney fees under 28 U.S.C. § 2412(b) when acting under color of federal law, to the same extent as a state would be liable under 42 U.S.C. § 1988 for similar violations.
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Alamo Heights Indep. Sch. Dist. v. State Bd. OF Educ.
  790 F.2d 1153· 5th Cir.· 1986-05-29 ·cited 20×
  The court held that the Education for All Handicapped Children Act requires a school district to provide structured summer educational services and out-of-district transportation if a handicapped child would suffer significant regression without them. It also remanded the issue o
• KEY Buick Co. v. Commissioner OF Internal Revenue
  613 F.2d 1306· 5th Cir.· 1980-03-19 ·cited 16×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, does not allow attorney's fees for a taxpayer who initiates proceedings against the government, but only when the government is the initiating party in litigation.
• Estes v. Tuscaloosa Cnty.
  696 F.2d 898· 11th Cir.· 1983-01-24 ·cited 11×
  Section 1988 does not provide a cause of action for attorney's fees to a party who prevailed in state administrative proceedings but cannot establish an independent claim for relief under section 1983.
• Lazar v. Pierce
  757 F.2d 435· 1st Cir.· 1985-03-21 ·cited 8×
  A defendant in a civil rights case is entitled to know the full implications of a settlement, including attorney's fees, and parties can consciously waive such fees.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Dennis and Susan Derheim v. Hennepin Cnty. Welf. Bd.
  688 F.2d 66· 8th Cir.· 1982-09-13 ·cited 4×
  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.
• 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.
• 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.