Legal Opinion · Dissent

Sharon Jordan v. Mark IV Hair Styles, Inc.

Court of Appeals for the Sixth Circuit

Decided December 9, 1986No. 85-3685Published

1DissentKeith, Circuit Judge

I believe the majority has incorrectly analyzed the attorney fee issue. A district court’s award of attorneys’ fees to a prevailing party in a civil rights suit should not be disturbed absent an abuse of discretion. Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). This circuit has held that a hearing is only required when the court needs to inform itself of the facts. See O’Bryan v. The County of Saginaw, Michigan, 722 F.2d 313, 314 (6th Cir.1983); see also Smith v. Detroit Board of Education, 728 F.2d 359, 360 (6th Cir.1984).

In the present case, plaintiffs filed…

2Cases cited3 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Ernest Smith v. Detroit Board of Education Detroit Federation of Teachers Local 231, American Federation of Teachers, Afl-CioCourt of Appeals for the Sixth Circuit · 1984
  3. O'bryan v. County Of SaginawCourt of Appeals for the Sixth Circuit · 1983

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