Legal Opinion

Phillip Maloney v. City of Marietta

Court of Appeals for the Eleventh Circuit

Decided July 27, 1987No. 86-8043, 86-8256PublishedCited by 28 opinions

1Opinion of the Court

HILL, Circuit Judge:

This case presents the question of whether a white male plaintiff can recover statutorily authorized attorney’s fees as a “prevailing party” in an action to enforce compliance with a specific provision of the Voting Rights Act of 1965. We answer this question in the affirmative, and therefore reverse the judgment of the district court.

BACKGROUND

In August 1985, appellant Phillip Maloney initiated this action under the Voting Rights Act seeking a temporary restraining order (TRO) against the City of Marietta, Georgia and various city officials. The complaint sought to enjoin…

2Cases cited16 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
  4. Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
  5. Hanrahan v. HamptonSupreme Court of the United States · 1980

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3Cited by28 opinions

  1. Dillard v. City of GreensboroCourt of Appeals for the Eleventh Circuit · 2000
  2. Roosevelt Love v. Emit C. DealCourt of Appeals for the Eleventh Circuit · 1993
  3. S-1 and S-2, by and Through Their Parents and Guardians Ad Litem, P-1 and P-2 P-1 and P-2, Individually v. The State Board of Education of North Carolina Barbara Tapscott, Chairman, State Board of Education of North Carolina, and C.D. Heidgerd, Hearing Officer, Asheboro City Board of Education the Asheboro City Board of Education Mary SmithermanCourt of Appeals for the Fourth Circuit · 1993
  4. Hastert v. Illinois State Board of Election CommissionersCourt of Appeals for the Seventh Circuit · 1993
  5. Robinson v. Alabama State Department of EducationDistrict Court, M.D. Alabama · 1989

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