Legal Opinion

Jessie McDonald v. John Doe

Court of Appeals for the Fifth Circuit

Decided December 20, 1984No. 84-3412PublishedCited by 38 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988, confers the right to recover attorney’s fees on a party who prevails in an action to enforce provisions of the federal civil rights laws. 1 This statute does not, however, authorize an award of fees to a party who recovers on a pendent state claim but loses on his civil rights claim. We, therefore, affirm the judgment of the district court denying attorney’s fees to such a plaintiff.

Jessie McDonald sued the Sheriff of Jefferson Parish, Louisiana, two of his deputies, and other parties,…

2Cases cited13 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Maher v. GagneSupreme Court of the United States · 1980
  3. Smith v. RobinsonSupreme Court of the United States · 1984
  4. Donald Williams, Cross-Appellant v. Carl Thomas, Joseph Bolt, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  5. Russo v. State of New YorkCourt of Appeals for the Second Circuit · 1982

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3Cited by38 opinions

  1. Kiely Construction, L.L.C. v. City of Red Lodge Ex Rel. Red Lodge City CouncilMontana Supreme Court · 2002
  2. Enplanar, Inc. v. MarshCourt of Appeals for the Fifth Circuit · 1994
  3. Dorina Mateyko, and Raymond Mateyko v. Thomas Felix, Michael Serafin, the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1991
  4. City of Waco v. Hester, Texas Court of Appeals, 10th District (Waco)1991
  5. Minnie Ann Hennigan v. Ouachita Parish School BoardCourt of Appeals for the Fifth Circuit · 1985

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