Legal Opinion
Thomas v. Gladstone
Court of Appeals of Maryland
Decided May 11, 2005No. 130, September Term, 2004PublishedCited by 29 opinions
1Opinion of the CourtWilner, J.
The question before us is whether a plaintiff who (1) sues to recover damages for conduct that might, if properly pled, raise a claim under 42 U.S.C. § 1988, but, (2) fails to plead such a claim, may nonetheless recover attorneys’ fees under 42 U.S.C. § 1988(b) if he/she prevails on a State law claim for which an award of.attorneys’ fees is otherwise not permitted. The answer is “no.”
BACKGROUND
In January, 2003, appellants Dewitt Thomas (Thomas) and his wife, Mallissa, filed a complaint in the Circuit Court for Baltimore City against the Mayor and City Council of Baltimore (City), the…
2Cases cited15 opinions
- West v. AtkinsSupreme Court of the United States · 1988
- Screws v. United StatesSupreme Court of the United States · 1945
- Maher v. GagneSupreme Court of the United States · 1980
- Smith v. RobinsonSupreme Court of the United States · 1984
- Okwa v. HarperCourt of Appeals of Maryland · 2000
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3Cited by29 opinions
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- Ademiluyi v. Pennymac Mortgage Investment Trust Holdings I, LLCDistrict Court, D. Maryland · 2013
- Royal Investment Group, LLC v. WangCourt of Special Appeals of Maryland · 2008
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