Legal Opinion
Cummings v. Connell
Court of Appeals for the Ninth Circuit
Decided March 28, 2005No. 03-17095, 04-15154, 04-15186PublishedCited by 38 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
We hold today that when nominal damages are awarded in a civil rights class action, every member of the class whose constitutional rights were violated is entitled to nominal damages. An award of nominal damages to only the named class representatives fails to appreciate the difference between a class action and a conventional lawsuit.
We also hold that, pursuant to Ninth Circuit Rule 39-1.6, a request for attorney’s fees incurred on appeal must be made to us, not to the district court. The district court is not authorized to award attorney’s fees for an appeal unless…
2Cases cited31 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Carey v. PiphusSupreme Court of the United States · 1978
- Farrar v. HobbySupreme Court of the United States · 1992
- Califano v. YamasakiSupreme Court of the United States · 1979
26 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Van AlstyneCourt of Appeals for the Ninth Circuit · 2009
- Mahach-Watkins v. DepeeCourt of Appeals for the Ninth Circuit · 2010
- Natural Resources Defense Council, Inc. v. WinterCourt of Appeals for the Ninth Circuit · 2008
- Griffith v. Butte School District No. 1Montana Supreme Court · 2010
- Jama v. Esmor Correctional Services, Inc.Court of Appeals for the Third Circuit · 2009
33 more not listed; retrieve them via the Exa API.