AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Attorneys' Fees: Procedural Under Section 1988
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).