Legal Opinion

Jenkins ex rel. Jenkins v. Missouri

Court of Appeals for the Eighth Circuit

Decided March 15, 1999No. Nos. 96-2809, 96-2918, 96-3215, 96-3568 and 96-3870PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The Jenkins class seeks an award under 42 U.S.C. § 1988 (Supp. II 1996) for attorneys’ fees and expenses incurred in defending against the State’s petitions for rehearing on earlier fee awards. We grant an award of fees and expenses reduced to account for partial success.

After we awarded fees in Jenkins v. Missouri, Nos. 96-2809, 96-2918, 96-3215, and 96-3568 (8th Cir. July 11, 1997) (unpublished), and held that fees should be awarded in Jenkins v. Missouri, 115 F.3d 554 (8th Cir.1997), the State petitioned for rehearing on both orders. Rehearing was denied as to…

2Cases cited4 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  3. Jenkins v. MissouriCourt of Appeals for the Eighth Circuit · 1998
  4. Chinyere Jenkins, Etc. v. State of MissouriCourt of Appeals for the Eighth Circuit · 1997

3Cited by1 opinion

  1. Chinyere Jenkins, by Her Next Friend, Joi Jenkins Nicholas Paul Winchester-Rabelier, by His Next Friend, Paula Winchester Margo Vaughn-Bey, by Her Next Friend, Franklin Vaughn-Bey Nicholas C. Light, by His Next Friend, Marian Light Stephon D. Jackson, by His Next Friend, B.J. Jones Travis N. Peter, by His Next Friend, Debora Chadd-Peter Leland Guess, by His Next Friend, Sharon Guess American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Terry M. Riley, Member of the Board of Directors Sharon M. Williams, Member of the Missouri State Board of Education Lance Loewenstein, Member of the Board of Directors Betty Preston, Member of the Missouri State Board of Education Russell Thompson, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education Marilyn Simmons, Member of the Board of Directors Sandy Aguire Mayer, Member of the Board of Directors School District of Kansas City Dr. Henry D. Williams, Superintendent Thereof John A. Rios, Member of the Board of Directors Darwin Curls, Member of the Board of Directors Patricia Kurtz, Member of the Board of Directors Edward J. Newsome, Member of the Board of Directors John W. Still, Member of the Board of Directors, Chinyere Jenkins, by Her Next Friend, Joi Jenkins Nicholas Paul Winchester-Rabelier, by His Next Friend, Paula Winchester Margo Vaughn-Bey, by Her Next Friend, Franklin Vaughn-Bey Nicholas C. Light, by His Next Friend, Marian Light Stephon D. Jackson, by His Next Friend, B.J. Jones Travis N. Peter, by His Next Friend, Debora Chadd-Peter Leland Guess, by His Next Friend, Sharon Guess, American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rice Pete Burns, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Betty Preston, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education Russell Thompson, Member of the Missouri State Board of Education, School District of Kansas City Dr. Henry D. Williams, Superintendent Thereof Terry M. Riley, Member of the Board of Directors Lance Loewenstein, Member of the Board of Directors Marilyn Simmons, Member of the Board of Directors Sandy Aguire Mayer, Member of the Board of Directors John A. Rios, Member of the Board of Directors Darwin Curls, Member of the Board of Directors Patricia Kurtz, Member of the Board of Directors Edward J. Newsome, Member of the Board of Directors Dr. Julia H. Hill, Member of the Board of Directors John W. Still, Member of the Board of Directors, Chinyere Jenkins, by Her Next Friend, Joi Jenkins Nicholas Paul Winchester-Rabelier, by His Next Friend, Paula Winchester Margo Vaughn-Bey, by Her Next Friend, Franklin Vaughn-Bey Nicholas C. Light, by His Next Friend, Marian Light Stephon D. Jackson, by His Next Friend, B.J. Jones Travis N. Peter, by His Next Friend, Debora Chadd-Peter Leland Guess, by His Next Friend, Sharon Guess American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rice Pete Burns, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Betty Preston, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education Russell Thompson, Member of the Missouri State Board of Education, School District of Kansas City Dr. Henry D. Williams, Superintendent Thereof Terry M. Riley, Member of the Board of Directors Lance Loewenstein, Member of the Board of Directors Marilyn Simmons, Member of the Board of Directors Sandy Aguire Mayer, Member of the Board of Directors John A. Rios, Member of the Board of Directors Darwin Curls, Member of the Board of Directors Patricia Kurtz, Member of the Board of Directors Edward J. Newsome, Member of the Board of Directors Dr. Julia H. Hill, Member of the Board of Directors John W. Still, Member of the Board of Directors, Chinyere Jenkins, by Her Next Friend, Joi Jenkins Nicholas Paul Winchester-Rabelier, by His Next Friend, Paula Winchester Margo Vaughn-Bey, by Her Next Friend, Franklin Vaughn-Bey Nicholas C. Light, by His Next Friend, Marian Light Stephon D. Jackson, by His Next Friend, B.J. Jones Travis N. Peter, by His Next Friend, Debora Chadd-Peter Leland Guess, by His Next Friend, Sharon Guess, American Federation of Teachers, Local 691, Intervenor Below-Appellee v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rice Pete Burns, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Betty Preston, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education Russell Thompson, Member of the Missouri State Board of Education, School District of Kansas City Dr. Henry R. Williams, Superintendent Thereof Terry M. Riley, Member of the Board of Directors Lance Loewenstein, Member of the Board of Directors Marilyn Simmons, Member of the Board of Directors Sandy Aguire Mayer, Member of the Board of Directors John A. Rios, Member of the Board of Directors Darwin Curls, Member of the Board of Directors Patricia Kurtz, Member of the Board of Directors Edward J. Newsome, Member of the Board of Directors Dr. Julia H. Hill, Member of the Board of Directors John W. Still, Member of the Board of Directors, Chinyere Jenkins, by Her Next Friend, Joi Jenkins Nicholas Paul Winchester-Rabelier, by His Next Friend, Paula Winchester Margo Vaughn-Bey, by Her Next Friend, Franklin Vaughn-Bey Nicholas C. Light, by His Next Friend, Marian Light Stephon D. Jackson, by His Next Friend, B.J. Jones Travis N. Peter, by His Next Friend, Debora Chadd-Peter Leland Guess, by His Next Friend, Sharon Guess, American Federation of Teachers, Local 691, Intervenor v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rice Pete Burns, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Betty Preston, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education Russell Thompson, Member of the Missouri State Board of Education, School District of Kansas City Dr. Henry D. Williams, Superintendent Thereof Terry M. Riley, Member of the Board of Directors Lance Loewenstein, Member of the Board of Directors Marilyn Simmons, Member of the Board of Directors Sandy Aguire Mayer, Member of the Board of Directors, John A. Rios, Member of the Board of Directors Darwin Curls, Member of the Board of Directors Patricia Kurtz, Member of the Board Directors Edward J. Newsome, Member of the Board of Directors Dr. Julia H. Hill, Member of the Board of Directors John W. Still, Member of the Board of DirectorsCourt of Appeals for the Eighth Circuit · 1999

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