Legal Opinion

Hughes v. UNIFIED SCH. DIST. 330, WABAUNSEE CTY.

District Court, D. Kansas

Decided December 23, 1994No. 94-4002-SACPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, District Judge.

This civil rights case comes before the court on the defendant’s motion for attorney’s fees pursuant to 42 U.S.C. § 1988. The issue presented is whether the defendant is a prevailing party entitled to recover attorney’s fees when the plaintiff voluntarily dismisses his case with prejudice prior to any judicial determination on the merits.

The plaintiff, Glenn M. Hughes, is the former superintendent of the defendant school district. The school board terminated the plaintiff with more than one year left on his written contract of employment. The plaintiff…

2Cases cited40 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Hughes v. RoweSupreme Court of the United States · 1980
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  5. Withrow v. LarkinSupreme Court of the United States · 1975

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3Cited by5 opinions

  1. Dean v. RiserCourt of Appeals for the Fifth Circuit · 2001
  2. Bardon Trimount, Inc. v. GuyottMassachusetts Appeals Court · 2000
  3. York v. Ferris State UniversityDistrict Court, W.D. Michigan · 1998
  4. Easiley v. NorrisDistrict Court, N.D. Oklahoma · 2000
  5. Bratton v. City of AlbuquerqueDistrict Court, D. New Mexico · 2004

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