AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Attorneys' Fees: Procedural Under Section 1988

      Monthly Law Journal Article: Attorneys' Fees in Federal Civil Rights Lawsuits: An Introduction - Part One , 2011 (4) AELE Mo. L. J. 101
     Monthly Law Journal Article: Attorneys' Fees in Federal Civil Rights Lawsuits: An Introduction - Part Two, 2011 (5) AELE Mo. L. J. 101
     Civil rights plaintiff solely seeking monetary damages who was awarded only $1 in nominal damages was a "prevailing party," but was not entitled to attorneys' fee award of $280,000; Court states that, in such cases, "the only reasonable fee is usually no fee at all" Farrar v. Hobby, 113 S.Ct. 566 (1992).
     Civil rights plaintiff was properly denied any attorneys' fee award even though he was awarded $1,000 for false arrest, based on "special circumstances," including number of unsuccessful claims, and an "inexcusable reaching for fees" too "extreme to be tolerated" Lewis v. Kendrick, 940 F.2d 25 (1st Cir. 1991).
     Seventh Circuit holds that expert witness fees are recoverable under civil rights attorney fee statute Friedrich v. City of Chicago, 888 F.2d 511 (7th Cir. 1989).
     Plaintiff awarded attorney's fees against defendant sheriff Dickerson v. Pritchard, 551 F.Supp. 306 (WD Ark 1983). Although attorneys were entitled to fees for bringing inmate's civil action, they were not entitled to fees for having defended inmate against criminal charges as a prerequisite to bringing civil action Greer v. Holt, 718 F.2d 206 (6th Cir 1983).


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