Legal Opinion
Bailey v. State of Mississippi
Court of Appeals for the Fifth Circuit
Decided April 20, 2005No. 04-60412PublishedCited by 29 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
This appeal stems from the district court’s grant of attorney’s fees to Plaintiffs-Appellees Teresa Bailey and Gloria Harper (“Plaintiffs”), on behalf of themselves and others similarly situated, pursuant to 42 U.S.C. § 1988. Defendant-Appellant Hinds County District Attorney Faye Peterson (“Peterson”) argues the district court erred in finding that Plaintiffs qualified for § 1988 attorney’s fees as prevailing parties. We agree with Peterson. For the following reasons, we REVERSE and VACATE the award of attorney’s fees.
BACKGROUND
Plaintiffs were convicted of violating…
2Cases cited9 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Farrar v. HobbySupreme Court of the United States · 1992
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Minnie Ann Hennigan v. Ouachita Parish School BoardCourt of Appeals for the Fifth Circuit · 1985
- Fireman's Fund Insurance v. Tropical Shipping & Construction Co.Court of Appeals for the Eleventh Circuit · 2001
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3Cited by29 opinions
- Mendez v. County of San BernardinoCourt of Appeals for the Ninth Circuit · 2008
- Radvansky v. City of Olmsted FallsCourt of Appeals for the Sixth Circuit · 2007
- Catherine Balsley v. LFP, Inc.Court of Appeals for the Sixth Circuit · 2012
- Dearmore v. City of GarlandCourt of Appeals for the Fifth Circuit · 2008
- Bernie Clemens v. New York Central Mutual Fire ICourt of Appeals for the Third Circuit · 2018
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