Legal Opinion
Dean v. Riser
Court of Appeals for the Fifth Circuit
Decided February 16, 2001No. 99-30677PublishedCited by 75 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
Defendant-Appellant Larkin T. Riser (“Riser”) appeals the district court’s conclusion that, notwithstanding the Plaintiffs-Appellees’ voluntary dismissal with prejudice under Fed. R. Crv. P. 41(a) of their civil rights action before an adjudication on the merits, he is not a “prevailing party” within the meaning of 42 U.S.C. § 1988(b) (“ § 1988”) and is therefore not entitled to an award of attorney’s fees. For the reasons assigned below, we vacate the district court’s judgment and remand.
FACTUAL AND PROCEDURAL HISTORY
Riser was elected Sheriff of Webster Parish,…
2Cases cited16 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Hughes v. RoweSupreme Court of the United States · 1980
- Farrar v. HobbySupreme Court of the United States · 1992
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
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3Cited by75 opinions
- Epps v. FowlerTexas Supreme Court · 2011
- Bryan v. McKinsey & Co IncCourt of Appeals for the Fifth Circuit · 2004
- Highway Equipment Company, Inc., Plaintiff-Cross v. Feco, Ltd. And Stan DuncalfCourt of Appeals for the Federal Circuit · 2006
- Riddle v. EgenspergerCourt of Appeals for the Sixth Circuit · 2001
- JohnJay Portillo v. Gregory CunninghamCourt of Appeals for the Fifth Circuit · 2017
70 more not listed; retrieve them via the Exa API.