Legal Opinion
Gagne v. Maher
District Court, D. Connecticut
Decided August 1, 1978No. Civ. H-75-1PublishedCited by 20 opinions
1Opinion of the Court
RULING ON MOTION FOR ATTORNEYS’ FEES
CLARIE, Chief Judge.
The plaintiff, having entered into a stipulated judgment with the defendant Commissioner of the Connecticut Department of Social Services, now seeks an award of attorneys’ fees under the provisions of 42 U.S.C. § 1988. The defendant opposes such an award on the following grounds: (1) that the Eleventh Amendment bars an award of attorneys’ fees which will be paid out of the State treasury; (2) that the plaintiff is not entitled to an attorney’s fee, since the case was terminated by consent decree rather than by a formal order of court;…
2Cases cited19 opinions
- Hagans v. LavineSupreme Court of the United States · 1974
- Hutto v. FinneySupreme Court of the United States · 1979
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Shea v. VialpandoSupreme Court of the United States · 1974
- Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Maher v. GagneSupreme Court of the United States · 1980
- Gagne v. MaherCourt of Appeals for the Second Circuit · 1979
- Gagne v. MaherCourt of Appeals for the Second Circuit · 1979
- White Mountain Apache Tribe v. WilliamsCourt of Appeals for the Ninth Circuit · 1984
- Stenson v. BlumDistrict Court, S.D. New York · 1979
15 more not listed; retrieve them via the Exa API.