San Francisco National Ass'n for the Advancement of Colored People v. San Francisco Unified School District
Court of Appeals for the Ninth Circuit
1Opinion of the Court
D.W. NELSON, Circuit Judge:
In this case we decide whether a civil rights plaintiff, based solely on its status as a prevailing party in an original action, may be eligible to recover attorney’s fees under 42 U.S.C. § 1988 for defending its consent decree from a collateral attack brought by a third party in a subsequent action. We hold that it may, but we affirm the district court’s denial of fees in this case as a valid exercise of the district court’s discretion.
FACTUAL AND PROCEDURAL BACKGROUND
The San Francisco National Association for the Advancement of Colored People (“NAACP”) appeals the…
2Cases cited16 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Alexander v. SandovalSupreme Court of the United States · 2001
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
- Gilbrook v. City of WestminsterCourt of Appeals for the Ninth Circuit · 1999
- Independent Federation of Flight Attendants v. ZipesSupreme Court of the United States · 1989
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- San Francisco National Association For The Advancement Of Colored People v. San Francisco Unified School DistrictCourt of Appeals for the Ninth Circuit · 2002