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Legal Opinion

Gwain Wooten, on Behalf of Herself and Others Similarly Situated v. The Housing Authority of the City of Dallas

Court of Appeals for the Fifth Circuit

Decided January 23, 1984No. 83-1573PublishedCited by 12 opinions

1Opinion of the Court

HIGGINBOTHAM, Circuit Judge:

Gwain Wooten appeals from the district court’s denial of her request for attorneys’ fees made under 42 U.S.C.' § 1988. The decision to award fees turns on the determination of “prevailing party” status as used in the statute. Because the district court here applied an incorrect standard in concluding that Wooten could prevail only by a victory earned in court, we remand for renewed consideration of the prevailing party question.

Wooten sued the Dallas Housing Authority in March 1983, challenging the Authority’s policy of requiring tenants who sought a pre-eviction…

2Cases cited7 opinions

  1. Robinson v. KimbroughCourt of Appeals for the Fifth Circuit · 1981
  2. Victoria Posada v. Lamb County, TexasCourt of Appeals for the Fifth Circuit · 1983
  3. Bert Williams v. John R. LeatherburyCourt of Appeals for the Fifth Circuit · 1982
  4. Raul Espino, Jr., Etc. v. Raul BesteiroCourt of Appeals for the Fifth Circuit · 1983
  5. L. R. Smith v. Carl Thomas, County of Dallas, TexasCourt of Appeals for the Fifth Circuit · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Dorothy Frazier v. The Board of Trustees of Northwest Mississippi Regional Medical CenterCourt of Appeals for the Fifth Circuit · 1985
  2. Minnie Ann Hennigan v. Ouachita Parish School BoardCourt of Appeals for the Fifth Circuit · 1985
  3. Maria Carlota Garcia v. Ramiro M. GuerraCourt of Appeals for the Fifth Circuit · 1984
  4. Knights of the Ku Klux Klan, Realm of Louisiana v. East Baton Rouge Parish School Board v. United States Department of Health and Human Services (Formerly U.S. Department of Health, Education and Welfare)Court of Appeals for the Fifth Circuit · 1984
  5. Kirksey v. DanksDistrict Court, S.D. Mississippi · 1985

7 more not listed; retrieve them via the Exa API.

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