Legal Opinion
Church of Scientology Flag Service, Org., Inc. v. City of Clearwater
Court of Appeals for the Eleventh Circuit
Decided September 30, 1993No. 91-3760PublishedCited by 5 opinions
1Opinion of the Court
DUBINA, Circuit Judge:
Appellant Church of Scientology Flag Service Organization, Inc. (“Scientology”) challenges the district court’s order denying its petition for attorneys’ fees in its civil rights action brought against the appellee, City of Clearwater, Florida (the “City”). The district court’s ruling was based on its determination that Scientology was not a “prevailing party” under 42 U.S.C. § 1988.1 Because we hold that Scientology has met the threshold test for prevailing party status, we vacate the district court’s order.
I. BACKGROUND
In January, 1984, Scientology filed an action…
2Cases cited12 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
- Larson v. ValenteSupreme Court of the United States · 1982
- Curtis J. Perket v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1990
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3Cited by5 opinions
- Johnson v. MorthamDistrict Court, N.D. Florida · 1996
- Atlanta Journal & Constitution v. City of Atlanta Department of AviationDistrict Court, N.D. Georgia · 1998
- Church Of Scientology Flag Service, Org., Inc. v. City Of ClearwaterCourt of Appeals for the Eleventh Circuit · 1993
- Outdoor Systems, Inc v. City of ClawsonMichigan Court of Appeals · 2007
- Johnson v. MorthamDistrict Court, N.D. Florida · 1996