[Download] "Dahlem V. Board Of Education Of Denver Public Schools" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Dahlem V. Board Of Education Of Denver Public Schools
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 23, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
"In any action or proceeding" brought under 42 U.S.C. § 1983, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988. "[The] prevailing party 'should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.'" Blanchard v. Bergeron, 489 U.S. 87, 109 S. Ct. 939, 942, 103 L. Ed. 2d 67 n. 1 (1989) (quoting Newman v. Piggie Park Enterps., 390 U.S. 400, 402, 88 S. Ct. 964, 19 L. Ed. 2d 1263 (1968)). The issue in this appeal is under what circumstances a plaintiff who obtains preliminary relief, but whose suit is dismissed as moot while the order is on appeal, is entitled to an award of attorney's fees.
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