Legal Opinion

Monica Raab v. City of Ocean City NJ

Court of Appeals for the Third Circuit

Decided August 15, 2016No. 15-2127, 15-2147PublishedCited by 42 opinions

1Opinion of the Court

OPINION

CHAGARES, Circuit Judge.

Plaintiff Monica Raab and defendant City of Ocean City, New Jersey (“Ocean City”) both appeal the District Court’s denial of their motions for attorney’s fees. Raab argues that she is a “prevailing plaintiff,” for purposes of attorney’s fee eligibility under 42 U.S.C. § 1988, in her civil suit against defendant Ocean City po lice officer Jessie Ruch. At issue in Raab’s appeal is whether a settling plaintiff in a civil rights action can be a “prevailing party” where the district court sua sponte entered a dismissal order incorporating .and retaining jurisdiction…

2Cases cited25 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Hughes v. RoweSupreme Court of the United States · 1980
  4. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  5. Farrar v. HobbySupreme Court of the United States · 1992

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3Cited by42 opinions

  1. M. R. v. Ridley School DistrictCourt of Appeals for the Third Circuit · 2017
  2. Gerald Carroll v. E One IncCourt of Appeals for the Third Circuit · 2018
  3. Jesse Polansky v. Executive Health Resources IncCourt of Appeals for the Third Circuit · 2021
  4. Barrett v. Green Tree ServicingDistrict Court, S.D. Ohio · 2016
  5. Robert Addie v. Christian KjaerCourt of Appeals for the Third Circuit · 2016

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

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