Legal Opinion

Marek v. Chesny

Supreme Court of the United States

Decided June 27, 1985No. 83-1437PublishedCited by 900 opinions

1Opinion of the CourtChief Justice Burger

We granted certiorari to decide whether attorney’s fees incurred by a plaintiff subsequent to an offer of settlement under Federal Rule of Civil Procedure 68 must be paid by the defendant under 42 U. S. C. § 1988, when the plaintiff recovers a judgment less than the offer.

I

Petitioners, three police officers, in answering a call on a domestic disturbance, shot and killed respondent’s adult son. Respondent, in his own behalf and as administrator of his son’s estate, filed suit against the officers in the United States District Court under 42 U. S. C. § 1983 and state tort law.

Prior to trial,…

2Cases cited10 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Califano v. YamasakiSupreme Court of the United States · 1979
  5. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981

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3Cited by900 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Farrar v. HobbySupreme Court of the United States · 1992
  3. Genesis HealthCare Corp. v. SymczykSupreme Court of the United States · 2013
  4. City of Riverside v. RiveraSupreme Court of the United States · 1986
  5. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988

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