Legal Opinion

Elizabeth D. Duncan v. David B. Poythress

Court of Appeals for the Eleventh Circuit

Decided January 24, 1985No. 84-8076PublishedCited by 8 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

Appellant Kathleen Kessler appeals the denial of her application for attorney’s fees pursuant to 42 U.S.C. § 1988. During the early part of this litigation, Kessler represented plaintiffs Duncan and Stout; during the remainder of the litigation, after she was added as a plaintiff, Kessler represented herself. The lower court denied fees for the period in which Kessler represented herself under the theory that a lawyer who appears pro se is never entitled to attorney’s fees under section 1988. The court denied Kessler fees for the time that she represented the other…

2Cases cited38 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. Blum v. StensonSupreme Court of the United States · 1984
  4. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968

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3Cited by8 opinions

  1. Swanson & Setzke, Chtd. v. HenningIdaho Court of Appeals · 1989
  2. Kenneth M. Henson v. Columbus Bank & Trust CompanyCourt of Appeals for the Eleventh Circuit · 1985
  3. Friedrich v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1989
  4. Fidelity Guarantee Mortgage Corporation v. Howard T. RebenCourt of Appeals for the First Circuit · 1987
  5. Lanasa v. City of New OrleansDistrict Court, E.D. Louisiana · 1985

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