Legal Opinion
Phelps v. Hamilton
Court of Appeals for the Tenth Circuit
Decided August 12, 1997No. 95-3403PublishedCited by 92 opinions
1Opinion of the Court
HENRY, Circuit Judge.
This ease is before us on appeal from the district court’s order denying the plaintiffs’ petition for an award of attorney’s fees under 42 U.S.C. § 1988. The district court found that while the plaintiffs were a “prevailing party” for purposes of awarding fees, the plaintiffs’ degree of success on their claims did not justify an award. We exercise jurisdiction under 28 U.S.C. § 1291 and reverse and remand.
BACKGROUND
The underlying action here arises from the plaintiffs’ 42 U.S.C. § 1983 suit seeking declaratory and injunctive relief from state criminal prosecutions arising…
2Cases cited18 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Farrar v. HobbySupreme Court of the United States · 1992
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Blanchard v. BergeronSupreme Court of the United States · 1989
13 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Mitchell v. City of MooreCourt of Appeals for the Tenth Circuit · 2000
- Robinson v. City of EdmondCourt of Appeals for the Tenth Circuit · 1998
- McQueary v. ConwayCourt of Appeals for the Sixth Circuit · 2010
- Barber v. T.D. Williamson, Inc.Court of Appeals for the Tenth Circuit · 2001
- Gudenkauf v. Stauffer Communications, Inc.Court of Appeals for the Tenth Circuit · 1998
87 more not listed; retrieve them via the Exa API.