Legal Opinion
Maher v. Gagne
Supreme Court of the United States
Decided June 25, 1980No. 78-1888PublishedCited by 1,069 opinions
1Opinion of the CourtJustice Stevens
In an action brought under 42 U. S. C. § 1983, the court, in its discretion, may allow the prevailing party to recover a reasonable attorney’s fee as part of the award of costs.1 The question presented by this petition is whether fees may be assessed against state officials after a case has been settled by the entry of a consent decree, without any determination that the plaintiff’s constitutional rights have been violated.
Petitioner is responsible for the administration of Connecticut’s Aid to Families with Dependent Children (AFDC), a federally funded public assistance program.2 Respondent…
2Cases cited15 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Edelman v. JordanSupreme Court of the United States · 1974
- 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
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3Cited by1,069 opinions
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Farrar v. HobbySupreme Court of the United States · 1992
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
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