Legal Opinion
L. R. Smith v. Carl Thomas, County of Dallas, Texas
Court of Appeals for the Fifth Circuit
Decided September 30, 1982No. 82-1089PublishedCited by 15 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
While the dust has settled in this fight between a Texas sheriff and his deputy, who, if anyone, was the winner, as measured by the Civil Rights Attorneys’ Fees Awards Act of 1976, 42 U.S.C. § 1988, remains obscure. The trial court found that the deputy had won and awarded counsel fees. Because we are unable to find any winner or, more precisely put, to find that Smith was a “prevailing party,” we reverse.
In the spring of 1980, the then sheriff of Dallas County, Carl Thomas, was engaged in a reelection campaign when he learned that one of his deputies,…
2Cases cited8 opinions
- Maher v. GagneSupreme Court of the United States · 1980
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Joseph B. Williams and Leo Bazile v. Joseph L. AliotoCourt of Appeals for the Ninth Circuit · 1980
- Iranian Students Association v. Edwin EdwardsCourt of Appeals for the Fifth Circuit · 1979
- Doe v. MarshallCourt of Appeals for the Fifth Circuit · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dorothy Frazier v. The Board of Trustees of Northwest Mississippi Regional Medical CenterCourt of Appeals for the Fifth Circuit · 1985
- Richard S. v. Department of Developmental Services of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2003
- William Taylor v. City of Fort Lauderdale, Leo Callahan, Etc., Donald R. Hall, Etc., DefendantsCourt of Appeals for the Eleventh Circuit · 1987
- Christopher P. ex rel. Norma P. v. MarcusCourt of Appeals for the Second Circuit · 1990
- Gwain Wooten, on Behalf of Herself and Others Similarly Situated v. The Housing Authority of the City of DallasCourt of Appeals for the Fifth Circuit · 1984
10 more not listed; retrieve them via the Exa API.