Legal Opinion
Sotomura v. County of Hawaii
Court of Appeals for the Ninth Circuit
Decided June 7, 1982No. Nos. 80-4488, 80-4498PublishedCited by 9 opinions
1Opinion of the Court
ORDER
Before BROWNING, Chief Judge, SKO-PIL and NORRIS, Circuit Judges.
The Sotomuras obtained a judgment in their civil rights suit brought under 42 U.S.C. § 1983. Defendants appealed. After briefs were filed on the merits and on the Sotomuras’ motion to dismiss the appeal as untimely, we granted the motion to dismiss. The Sotomuras now seek attorneys’ fees under 42 U.S.C. § 1988 for services performed in connection with the appeal. The Sotomuras are “prevailing parties,” a prerequisite to such an award, even though they prevailed by obtaining dismissal of the appeal as untimely rather than…
2Cases cited5 opinions
- Maher v. GagneSupreme Court of the United States · 1980
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Joseph B. Williams and Leo Bazile v. Joseph L. AliotoCourt of Appeals for the Ninth Circuit · 1980
- Hastings v. Maine-Endwell Central School DistrictCourt of Appeals for the Second Circuit · 1982
- Charles Gurule, in Behalf of Himself and All Others Similarly Situated, and Cross-Appellants v. Alex Wilson, Warden, Colorado State Penitentiary Jack Capelli, Associate Warden, Medium Security, Colorado State Penitentiary Five Unknown Named Guards of Medium Security, Colorado State Penitentiary, and Cross-Appellees. Frank R. Allarid, Register No. 41590, Colorado State Penitentiary v. Alex Wilson, Warden, Colorado State Penitentiary, Individually and in His Official Capacity, Henry Alverez v. Alex Wilson, Warden, Colorado State Penitentiary, Individually and in His Official CapacityCourt of Appeals for the Tenth Circuit · 1981
3Cited by9 opinions
- Spell v. McDanielCourt of Appeals for the Fourth Circuit · 1988
- Sotomura v. County of HawaiiCourt of Appeals for the Ninth Circuit · 1982
- Gomez v. The City Of WatsonvilleCourt of Appeals for the Ninth Circuit · 1988
- United States v. RingroseCourt of Appeals for the Ninth Circuit · 1986
- Feher v. Department of Labor & Industrial RelationsDistrict Court, D. Hawaii · 1983
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