Love v. Mayor, City Of Cheyenne, Wyoming, 620 F.2d 235 (10th Cir. 1980). · Go Syfert
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Love v. Mayor, City Of Cheyenne, Wyoming, 620 F.2d 235 (10th Cir. 1980). Cases Citing This Book View Copy Cite
106 citation events (10 in the last 25 years) across 26 distinct courts.
Strongest positive: Morris v. Scenera Research, LLC (ncbizct, 2017-05-31)
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Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (rule) Morris v. Scenera Research, LLC
N.C. Bus. Ct. · 2017 · confidence medium
Grp. v. Adams, 657 F.2d 1118 , 1126 (9th Cir. 1981); Young v. Kenley, 641 F.2d 192, 195 (4th Cir. 1981); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir. 1980); Johnson v. Mississippi, 606 F.2d 635 , 638–39 (5th Cir. 1979).
discussed Cited as authority (rule) Parker v. Citimortgage, Inc.
D. Utah · 2013 · confidence medium
Fees Incurred in Presenting the Attorney’s Fees Request “An award of reasonable attorneys’ fees may include compensation for work performed in preparing and presenting the fee application,” Mares, 801 F.2d at 1205 (citing Gurule v. Wilson, 635 F.2d 782, 792 (10th Cir.1980); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980)), but “not every hour expended on a fee request is necessarily reasonable or compensable.” Id.
discussed Cited as authority (rule) In the Matter of the Attorney's Fees and Costs In the Termination of Parental Rights To: NRF and JWF, Minor Children, Donald Lee Tolin, Attorney for LMB, Natural Mother v. State of Wyoming, Department of Family Services
Wyo. · 2013 · confidence medium
Hensley, 461 U.S. at 424 , 103 S.Ct. 1933 ; Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir. 1980); Northcross v. Board of Education, 611 F.2d 624 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Davis v. Fletcher, 598 F.2d 469 (5th Cir. 1979).
discussed Cited as authority (rule) Tolin v. State, Department of Family Services
Wyo. · 2013 · confidence medium
Hensley, 461 U.S. at 424 , 103 S.Ct. 1933 ; Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir. 1980); Northcross v. Board of Education, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Davis v. Fletcher, 598 F.2d 469 (5th Cir.1979).
cited Cited as authority (rule) Morse v. Republican Party of Virginia
W.D. Va. · 1997 · confidence medium
Reapportionment Cases), 745 F.2d 610, 613 (10th Cir.1984) (citing Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir.1980)) (same); Nadeau v. Helgemoe, 581 F.2d 275, 280 (1st Cir.1978) (same).
discussed Cited as authority (rule) Santa Fe Ranchlands v. Santa Fe County
10th Cir. · 1995 · confidence medium
Igbal v. Golf Course Superintendents Ass'n of Am., 900 F.2d 227 , 229-30 (10th Cir.1990) (fees on appeal appropriate where counsel forced to defend statutory award); Love v. Mayor, City of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) (prevailing party is entitled to fees for work done on appeal in civil rights litigation). 15 The judgment of the United States District Court for the District of New Mexico is AFFIRMED.
discussed Cited as authority (rule) Kinney v. International Brotherhood of Electrical Workers
unknown court · 1991 · confidence medium
See, e.g., Jones v. MacMillan Bloedel Containers, Inc., 685 F.2d 236, 239 (8th Cir.1982); Hymes v. Harnett County Bd. of Education, 664 F.2d 410, 413 (4th Cir.1981); Young v. Kenley, 641 F.2d 192, 195 (4th Cir.1981); Gurule v. Wilson, 635 F.2d 782, 792 (10th Cir.1980); Bond v. Stanton, 630 F.2d 1231, 1235 (7th Cir.1980); Love v. Mayor, Cheyenne, 620 F.2d 235, 237 (10th Cir.1980); Knighton v. Watkins, 616 F.2d 795, 801 (5th Cir.1980); Johnson v. Mississippi, 606 F.2d 635, 637-38 (5th Cir.1979); Bagby v. Beal, 606 F.2d 411, 416 (3d Cir.1979); Weisenberger v. Huecker, 593 F.2d 49, 54 (6th Cir.197…
discussed Cited as authority (rule) 52 Fair empl.prac.cas. 961, 53 Empl. Prac. Dec. P 39,821 Zahid Iqbal, Cross-Appellant v. Golf Course Superintendents Association of America, Cross-Appellee
10th Cir. · 1990 · confidence medium
Other Tenth Circuit cases have suggested a party may receive attorneys' fees for work done "in resolving the fee issue itself." Littlefield v. Deland, 641 F.2d 729 , 733 (10th Cir.1981); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980).
discussed Cited as authority (rule) Iqbal v. Golf Course Superintendents Ass'n of America
10th Cir. · 1990 · confidence medium
Other Tenth Circuit cases have suggested a party may receive attorneys’ fees for work done “in resolving the fee issue itself.” Littlefield v. Deland, 641 F.2d 729 , 733 (10th Cir.1981); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980).
cited Cited as authority (rule) MacLaird v. Werger
D. Wyo. · 1989 · confidence medium
Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 237 (10th Cir.1980).
discussed Cited as authority (rule) Society of Professional Journalists v. Briggs
D. Utah · 1988 · confidence medium
Unlike this case, where it took this lawsuit and the umbrella of a court order to establish the principle that confidential agreements by public officials may not be enforceable, in Love v. Mayor of Cheyenne, Wyo., the plaintiff "prevailed under well-settled first amendment principles," 620 F.2d 235, 237 (10th Cir.1980). 20 .
discussed Cited as authority (rule) Jones v. Wilkinson (2×)
10th Cir. · 1986 · confidence medium
In Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980), we did reserve the issue of whether a plaintiff's ability to pay is a special circumstance that can render a fee award unjust.
cited Cited as authority (rule) Jones v. Wilkinson
10th Cir. · 1986 · confidence medium
In Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980), we did reserve the issue of whether a plaintiff’s ability to pay is a special circumstance that can render a fee award unjust.
discussed Cited as authority (rule) Caldo Mares and Sally Mares, His Wife v. Credit Bureau of Raton, and Janet Yarbrough, Individually, and in Her Official Capacity
10th Cir. · 1986 · confidence medium
Hensley, 461 U.S. at 424 , 103 S.Ct. 1933 ; Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980); Nortkcross v. Board of Education, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Davis v. Fletcher, 598 F.2d 469 (5th Cir.1979).
cited Cited as authority (rule) Ramos v. Lamm
D. Colo. · 1986 · confidence medium
Love v. Mayor of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir.1980).
discussed Cited as authority (rule) O'Sullivan v. Brier (2×)
10th Cir. · 1984 · confidence medium
In recognizing both sets of plaintiffs as prevailing parties in a civil rights action, they are “ordinarily entitled to reasonable attorney’s fees * * * unless special circumstances would render such an award unjust.” Love v. Mayor, City of Cheyenne, Wyoming, 620 F.2d 235, 236 (1980), citing Newman v. Piggie Park Enterprises, 390 U.S. 400, 402 , 88 S.Ct. 964, 966 , 19 L.Ed.2d 1263 (1968).
discussed Cited as authority (rule) In Re Kansas Congressional Districts Reapportionment Cases. Pat O'Sullivan John Schmidt Leonard Moore Eva Jane Vaughn Verdis Robinson Mary Ladesic Alois G. Befort, Jr., and Nathaniel Watson v. Jack H. Brier, Secretary of State of the State of Kansas, Walter W. Carson Paul N. Bahnmaier J. Kurt Von Achen, and Vallerie Ann Miller v. John Carlin, Governor of the State of Kansas, and Jack H. Brier, Secretary of State of the State of Kansas
10th Cir. · 1984 · confidence medium
Order on Motion to Alter or Amend Judgment, Record on Appeal, Vol. 1, at 195. 13 In recognizing both sets of plaintiffs as prevailing parties in a civil rights action, they are "ordinarily entitled to reasonable attorney's fees * * * unless special circumstances would render such an award unjust." Love v. Mayor, City of Cheyenne, Wyoming, 620 F.2d 235, 236 (1980), citing Newman v. Piggie Park Enterprises, 390 U.S. 400, 402 , 88 S.Ct. 964, 966 , 19 L.Ed.2d 1263 (1968).
discussed Cited as authority (rule) Duranceau v. City of Tacoma
Wash. Ct. App. · 1984 · confidence medium
See, e.g., Espino v. Besteiro, 708 F.2d 1002, 1005 (5th Cir. 1983); Teitelbaum v. Sorenson, 648 F.2d 1248, 1250 (9th Cir. 1981); Bond v. Stanton, 630 F.2d 1231, 1234 (7th Cir. 1980); Love v. Mayor, Cheyenne, Wyo., 620 F.2d 235, 236 (10th Cir. 1980).
discussed Cited as authority (rule) Ramos v. Lamm (2×) also: Cited "see, e.g."
10th Cir. · 1983 · confidence medium
See, e.g., Copeland v. Marshall, 641 F.2d 880, 899-900 (D.C.Cir.1980) (en banc); Palmigiano v. Garrahy, 616 F.2d 598, 601-03 (1st Cir.), cert. denied, 449 U.S. 839 , 101 S.Ct. 115 , 66 L.Ed.2d 45 (1980); Reynolds v. Coomey, 567 F.2d 1166, 1167 (1st Cir.1978); Torres v. Sachs, 538 F.2d 10, 13-14 (2d Cir.1976); see also New York Gaslight Club, Inc. v. Carey, 447 U.S. 54 , 70 n. 9, 100 S.Ct. 2024 , 2034 n. 9, 64 L.Ed.2d 723 (1980); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) (citing Reynolds v. Coomey ).
discussed Cited as authority (rule) Ramos v. Lamm (2×) also: Cited "see, e.g."
10th Cir. · 1983 · confidence medium
See, e.g., Copeland v. Marshall, 641 F.2d 880 , 899 — 900 (D.C.Cir.1980) (en banc); Palmigiano v. Garrahy, 616 F.2d 598, 601-03 (1st Cir.), cert. denied, 449 U.S. 839 , 101 S.Ct. 115 , 66 L.Ed.2d 45 (1980); Reynolds v. Coomey, 567 F.2d 1166, 1167 (1st Cir.1978); Torres v. Sachs, 538 F.2d 10, 13-14 (2d Cir.1976); see also New York Gaslight Club, Inc. v. Carey, 447 U.S. 54 , 70 n. 9, 100 S.Ct. 2024 , 2034 n. 9, 64 L.Ed.2d 723 (1980); Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) (citing Reynolds v. Coomey).
discussed Cited as authority (rule) Jones v. Orange Housing Authority
D.N.J. · 1983 · confidence medium
Attorneys’ fees must be awarded to the prevailing party unless “special circumstances” render the award of fees unjust, Staten v. Housing Authority of the City of Pittsburgh, 638 F.2d 599 (3d Cir.1980), and cases in which such special circumstances have been found “have been few and very limited.” Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980). 3 The factors set forth by defendant Gnessin do not constitute the requisite special circumstances.
discussed Cited as authority (rule) Gumbhir v. Kansas State Board of Pharmacy
Kan. · 1982 · confidence medium
Busche v. Burkee, 649 F.2d 509 (7th Cir. 1981); Johnson v. Nordstrom-Larpenteur Agcy., Inc., 623 F.2d 1279 (8th Cir.), cert. denied 449 U.S. 1042 (1980); Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 236 (10th Cir. 1980); Miller v. City of Mission, Kan., 516 F. Supp. 1333, 1338 (D.
discussed Cited as authority (rule) In Re Den-Col Cartage & Distribution, Inc.
D. Colo. · 1982 · confidence medium
It is possible that the bankruptcy judge erroneously applied the Tenth Circuit law of attorney fees by not issuing “findings of fact sufficient to demonstrate how the conclusion was reached.” Love v. Mayor of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir. 1980).
discussed Cited as authority (rule) Finberg v. Sullivan
E.D. Pa. · 1982 · confidence medium
See Teitelbaum v. Sorenson, 648 F.2d 1248 , 1250-51 & n. 1 (9th Cir.1981) (and cases cited therein); Love v. City of Cheyenne, 620 F.2d 235, 236-37 (10th Cir.1980); Menton, supra, 614 F.2d at 504 . *1071 The defendants principally rely upon Supreme Court of Virginia v. Consumers Union of the United States, Inc., 446 U.S. 719 , 100 S.Ct. 1967 , 64 L.Ed.2d 641 (1980), in which the Supreme Court held that attorney’s fees should not have been assessed against the Supreme Court of Virginia and its chief justice in his official capacity “for the reasons relied upon by the District Court.” Id. …
cited Cited as authority (rule) Ramos v. Lamm
D. Colo. · 1982 · confidence medium
Love v. Mayor of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir. 1980).
discussed Cited as authority (rule) Espinoza v. Hillwood Square Mutual Ass'n
E.D. Va. · 1982 · confidence medium
See, eg., Ellwest Stereo Theatre, Inc. v. Jackson, 653 F.2d 954, 955 (5th Cir. Unit B 1981); Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. 1980); Morrow v. Dillard, 580 F.2d 1284, 1300 (5th Cir. 1978).
cited Cited as authority (rule) Miller v. City of Mission, Kan.
D. Kan. · 1981 · confidence medium
E. g., Supreme Court of Virginia v. Consumers Union of the United States, Inc., 446 U.S. 719 , 100 S.Ct. 1967 , 64 L.Ed.2d 641 (1980); Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. 1980).
discussed Cited as authority (rule) Rabbi Samuel Teitelbaum, Larry and Louise Diehl v. Theodore Sorenson, Dba/waitwell Nursing Home
9th Cir. · 1981 · confidence medium
See Bond v. Stanton, 630 F.2d 1231, 1234 (7th Cir. 1980); Bills v. Hodges, 628 F.2d 844, 847 (4th Cir. 1980); Love v. Mayor of Cheyenne, Wyo., 620 F.2d 235, 236 (10th Cir. 1980); Holley v. Lavine, 605 F.2d 638, 646 (2d Cir. 1979), cert. denied, 446 U.S. 913 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980); Nadeau v. Helgemoe, 581 F.2d 275, 280 (1st Cir. 1978); Brown v. Culpepper, 559 F.2d 274, 278 (5th Cir. 1977).
cited Cited as authority (rule) Littlefield ex rel. Langley v. Deland
10th Cir. · 1981 · confidence medium
Love v. Mayor, City of Cheyenne, 620 F.2d 235, 237 (10th Cir. 1980).
cited Cited as authority (rule) Littlefield v. Deland
10th Cir. · 1981 · confidence medium
Love v. Mayor, City of Cheyenne, 620 F.2d 235, 237 (10th Cir. 1980).
discussed Cited as authority (rule) 27 Fair empl.prac.cas. 208, 25 Empl. Prac. Dec. P 31,597 Willie E. Young v. Dr. J. B. Kenley, Individually and as Commissioner of Health, Virginia State Department of Health Sarah E. Sayers, Individually and as Director of Public Health Nursing, Virginia State Department of Health Wayne Hardin, Individually and as Director of Personnel, Virginia State Department of Health H. H. Hedley, Individually and as Retired and Former Director of Personnel, Virginia State Department of Health, Jointly and Severally
4th Cir. · 1981 · confidence medium
See Bills v. Hodges, 628 F.2d 844, 847 (4th Cir. 1980); Love v. Mayor, City of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir. 1980); Knighton v. Watkins, 616 F.2d 795, 800 (5th Cir. 1980); Bagby v. Beal, 606 F.2d 411, 415-16 (3d Cir. 1979); Gagne v. Maher, 594 F.2d 336, 343-44 (2d Cir. 1979), aff'd on other grounds, 444 U.S. 824 , 100 S.Ct. 44 , 62 L.Ed.2d 30 (1980).
discussed Cited as authority (rule) Young v. Kenley
4th Cir. · 1981 · confidence medium
See Bills v. Hodges, 628 F.2d 844, 847 (4th Cir. 1980); Love v. Mayor, City of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir. 1980); Knighton v. Watkins, 616 F.2d 795, 800 (5th Cir. 1980); Bagby v. Beal, 606 F.2d 411, 415-16 (3d Cir. 1979); Gagne v. Maher, 594 F.2d 336, 343-44 (2d Cir. 1979), aff’d on other grounds, 444 U.S. 824 , 100 S.Ct. 44 , 62 L.Ed.2d 30 (1980).
discussed Cited as authority (rule) Winslow v. Kansas Board of State Fair Managers (2×)
D. Kan. · 1981 · confidence medium
In Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. 1980), the Tenth Circuit held “the good faith of the defendant is not a reason for the denial of § 1988 attorney’s fees.” The first reason given by the defendant must fail.
examined Cited as authority (rule) Charles Gurule, in Behalf of Himself and All Others Similarly Situated, and Cross-Appellants v. Alex Wilson, Warden, Colorado State Penitentiary Jack Capelli, Associate Warden, Medium Security, Colorado State Penitentiary Five Unknown Named Guards of Medium Security, Colorado State Penitentiary, and Cross-Appellees. Frank R. Allarid, Register No. 41590, Colorado State Penitentiary v. Alex Wilson, Warden, Colorado State Penitentiary, Individually and in His Official Capacity, Henry Alverez v. Alex Wilson, Warden, Colorado State Penitentiary, Individually and in His Official Capacity (5×) also: Cited "see"
10th Cir. · 1981 · confidence medium
Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. 1980). 56 A close review of the record compels our conclusion that plaintiffs prevailed in this action.
examined Cited as authority (rule) Gurule v. Wilson (5×) also: Cited "see"
10th Cir. · 1980 · confidence medium
Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. 1980).
discussed Cited "see" Skinner v. Uphoff
D. Wyo. · 2004 · signal: see · confidence high
See Love v. Mayor, City of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) (“Plaintiff is also entitled to attorney’s fees ... for work done in resolving the fee issue itself.”) This issue before the Court is whether the passage of the PLRA altered this rule.
cited Cited "see" Schmidt v. Cline
D. Kan. · 2001 · signal: see · confidence high
See Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 237 (10th Cir.1980) (citing Reynolds v. Coomey, 567 F.2d 1166, 1167 (1st Cir.1978)). 3 .
discussed Cited "see" Loree J. Stockard, and Debra L. Blair v. Red Eagle Resources Corporation
10th Cir. · 1992 · signal: see · confidence high
See Love v. Mayor, City of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) (plaintiff who prevails on appeal in civil rights action is entitled to attorney's fees for work done on appeal); Igbal, 900 F.2d at 229-30 (attorney's fees may be awarded to prevailing plaintiff in appropriate case for time spent litigating entitlement to fee).
discussed Cited "see" Howard Hatfield, Et Ux. v. James R. Hayes
8th Cir. · 1989 · signal: see · confidence high
Martin v. Heckler, 773 F.2d 1145, 1150 (11th Cir.1985) (en banc). “[A] strong showing of special circumstances is necessary to support a denial of attorney fees.” J & J Anderson, Inc. v. Town of Erie, 767 F.2d 1469 at 1474 (10th Cir.1985); see Love v. Mayor, City of Cheyenne, 620 F.2d 235 (10th Cir.1980) (good faith is not a special circumstance justifying the denial of attorney’s fees under § 1988); Wheatley v. Ford, 679 F.2d 1037 (2d Cir.1982) (that an action provided a private benefit to a plaintiff rather than a public benefit to a class of similarly situated persons is not a specia…
discussed Cited "see" Ray Corbitt v. Brent Andersen, in His Official Capacity and Individually (2×)
10th Cir. · 1985 · signal: see · confidence high
See Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235 (10th Cir.1980). 21 Judgment affirmed.
cited Cited "see" Trujillo v. Heckler
D. Colo. · 1984 · signal: see · confidence high
See Love v. Mayor of City of Cheyenne, Wyoming, 620 F.2d 235, 237 (10th Cir.1980).
cited Cited "see" Shaw v. Neece
10th Cir. · 1984 · signal: see · confidence high
See Gurule v. Wilson, supra at 792 [citing Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980)].
cited Cited "see" Shaw v. Neece
10th Cir. · 1984 · signal: see · confidence high
See Gurule v. Wilson, supra at 792 [citing Love v. Mayor of Cheyenne, 620 F.2d 235, 237 (10th Cir.1980) ].
discussed Cited "see, e.g." American Civil Liberties Union/Eastern Missouri Fund v. Miller (2×)
Mo. · 1991 · signal: see also · confidence medium
See also footnote 8, supra. .Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 237 (10th Cir.1980) ("It is well settled that the ACLU is entitled to an award of attorney’s fees under § 1988”); McLean v. Arkansas Bd. of Educ., 723 F.2d 45 , 48-49 (8th Cir.1983) ("Fee awards ultimately benefiting legal services organizations, over and above their general or specific fund-raising efforts, help to insure the continued existence of such organizations and their ability to represent other indigent parties who cannot afford private legal representation.”); Rodriquez v. Taylor, 569 F.2d 1231 …
cited Cited "see, e.g." Arnold v. City of Seminole, Okl.
E.D. Okla. · 1985 · signal: see also · confidence low
See also, Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235 (10th Cir.1980); State ex rel.
discussed Cited "see, e.g." Edward J. Burke v. Elaine Guiney, Individually and in Her Official Capacity as Commissioner on Affairs of the Elderly of the City of Boston, Edward J. Burke v. Elaine Guiney
1st Cir. · 1983 · signal: see also · confidence medium
"Good faith by itself is not a special circumstance justifying a denial of attorney's fees." Teitelbaum v. Sorenson, 648 F.2d 1248, 1250 (9th Cir.1981); see also Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 236 (10th Cir.1980); Holley v. Lavine, 605 F.2d 638, 646 (2d Cir.1979), cert. denied, 446 U.S. 913 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980). 26 Defendants also argue that plaintiff waived his right to attorney's fees when he agreed, in the Agreement for Judgment, that "the settlement reflected by this agreement for judgment reflects the settlement of all claims for alleged damages, …
discussed Cited "see, e.g." Burke v. Guiney
1st Cir. · 1983 · signal: see also · confidence medium
“Good faith by itself is not a special circumstance justifying a denial of attorney’s fees.” Teitelbaum v. Sorenson, 648 F.2d 1248, 1250 (9th Cir.1981); see also Love v. Mayor, City of Cheyenne, Wyo., 620 F.2d 235, 236 (10th Cir.1980); Holley v. Lavine, 605 F.2d 638, 646 (2d Cir.1979), cert, denied, 446 U.S. 913 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980).
Retrieving the full opinion text from the archive…
George Love, Susan Martinez, and Geneva Hunt, Individually and on Behalf of All Other Persons Similarly Situated
v.
Mayor, City of Cheyenne, Wyoming and Don Erickson, Individually and in His Official Capacity as Mayor City Council of Cheyenne, Wyoming, and James T. Griffith, Individually and in His Official Capacity as President and the Members, Employees, Agents and Successors of the Above
78-1481.
Court of Appeals for the Tenth Circuit.
May 23, 1980.
620 F.2d 235
Cited by 37 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Seventh Circuit (1)

620 F.2d 235

George LOVE, Susan Martinez, and Geneva Hunt, Individually
and on behalf of all other persons similarly
situated, Plaintiffs-Appellants,
v.
MAYOR, CITY OF CHEYENNE, WYOMING and Don Erickson,
Individually and in his official capacity as Mayor; City
Council of Cheyenne, Wyoming, and James T. Griffith,
Individually and in his official capacity as President; and
the members, employees, agents and successors of the above,
Defendant-Appellees.

No. 78-1481.

United States Court of Appeals,
Tenth Circuit.

Argued April 16, 1980.
Decided April 28, 1980.
Rehearing Denied May 23, 1980.

Stephen L. Pevar, Denver, Colo., for plaintiffs-appellants.

Bert T. Ahlstrom, Jr., Cheyenne, Wyo. (J. Douglas McCalla, Cheyenne, Wyo., with him on the briefs), for defendants-appellees.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

SETH, Chief Judge.

[*~235]1

Appellant challenged the constitutionality of a city ordinance and prevailed. The ordinance conditioned the offering of religious matter door-to-door upon obtaining a permit. The trial court found unbridled discretion in the sheriff to disapprove such permits and accordingly held the ordinance unconstitutional. Subsequently, appellant filed a motion for an award of reasonable attorney's fees pursuant to 42 U.S.C. § 1988. The trial judge denied the motion. The sole issue on appeal is whether the trial judge erred in denying the motion for attorney's fees.

2

A prevailing party in a civil rights action such as this is ordinarily entitled to reasonable attorney's fees, 42 U.S.C. § 1988, unless special circumstances would render such an award unjust. Newman v. Piggie Park Enterprises, 390 U.S. 400, 88 S.Ct. 964, 19 L.Ed.2d 1263. Congress contemplated this standard in enacting the attorney's fee award amendment to § 1988. S.Rep.No.1011, 94th Cong., 2d Sess. 4, reprinted in (1976) U.S.Code Cong. & Admin.News, p. 5908. This in part states:

3

"It is intended that the standards for awarding fees be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the statutes covered by S.2278, if successful, 'should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.' Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402 (88 S.Ct. 964, 19 L.Ed.2d 1263) (1968)."

4

See Francia v. White, 594 F.2d 778 (10th Cir.). 42 U.S.C. § 1988 reads in applicable part:

5

"In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title . . . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs."

6

The lower court based its denial of the motion for attorney's fees on its finding that defendants acted in good faith and that an award of attorney's fees would be unjust. The attorney's fee amendment to § 1988 contains no suggestion that there is a need to establish bad faith as a basis for the award of attorney's fees. See Gates v. Collier, 559 F.2d 241 (5th Cir.). This court recently affirmed an award of § 1988 attorney's fees against defendants without a good faith or bad faith condition. Battle v. Anderson, 614 F.2d 251 (10th Cir.). In Hutto v. Finney, 437 U.S. 678, 98 S.Ct. 2565, 57 L.Ed.2d 522, the Supreme Court gave the Act a broad interpretation and affirmed an award of attorney's fees under § 1988 against a good faith defendant. Thus the good faith of the defendant is not a reason for the denial of § 1988 attorney's fees.

7

The trial court also stated that the award of fees would be "unjust." Under the decisions the presence of good faith is not a "special circumstance" as the term is used in the Senate Report quoted above. The record before us contains nothing which would constitute "special circumstances." A similar Green River ordinance in another Wyoming city had been declared unconstitutional shortly before, and the movants had sought to work out the differences in meetings with the city attorney and the city police. The suit thus became the only course open to movants according to this record. While there have been decisions denying attorney's fees as unjust, these have been few and very limited. For example, one court declined to assess attorney's fees against defendants who were powerless to provide the remedy sought by the prevailing plaintiff. Consumers Union of United States v. American Bar Ass'n, 470 F.Supp. 1055 (E.D.Va.) (three-judge court), prob. juris. noted, --- U.S. ----, 100 S.Ct. 226, 62 L.Ed.2d 168. The court did assess attorney's fees against the remaining defendants. Another court denied attorney's fees to a prevailing party whose conduct the court found outrageous. Scheriff v. Beck, 452 F.Supp. 1254, 1260 (D.Colo.) (Plaintiff's claim "was precipitated by an irrational, deliberate scheme to involve (defendant) in some type of litigation."). We perceive in the record before us no extraordinary or unusual factors that would render an award of attorney's fees unjust. Plaintiff challenged as unconstitutional an ordinance and prevailed under well-settled first amendment principles after attempts to negotiate had failed.

8

We remand the case for the trial court's determination of attorney's fees within the discretion provided by § 1988. Lund v. Affleck, 587 F.2d 75 (1st Cir.). See EEOC v. Safeway Stores, 597 F.2d 251 (10th Cir.), and Gagne v. Maher, 594 F.2d 336 (2d Cir.), cert. granted, --- U.S. ----, 100 S.Ct. 44, 62 L.Ed.2d 30 argued, 48 U.S.L.W. 3449 (U.S. Jan. 9, 1980). It is well-settled that the ACLU is entitled to an award of attorney's fees under § 1988. Dennis v. Chang, 611 F.2d 1302 (9th Cir.); Reynolds v. Coomey, 567 F.2d 1166 (1st Cir.). In its determination the court should consider the factors listed in the House Report (No. 1558, 94th Cong., 2d Sess. 8), and the Senate Report (No. 1011, 94th Cong., 2d Sess. 6), and such other factors as the court deems pertinent. Counsel for appellee strongly urged on appeal that a plaintiff's ability to pay is a special circumstance which could render an award of attorney's fees unjust. Because the record is undeveloped on this issue, we express no opinion on whether a trial court may consider ability to pay in exercising its discretion to award a reasonable attorney's fee under § 1988.

9

Awards of attorney's fees under this Act should be supported by findings of fact sufficient to demonstrate how the conclusion was reached. See Northcross v. Board of Ed. of Memphis City Schools, 611 F.2d 624 (6th Cir.); Davis v. Fletcher, 598 F.2d 469 (5th Cir.).

10

Plaintiff is also entitled to attorney's fees for work done on appeal, Hutto v. Finney, 437 U.S. 678, 693-700, 98 S.Ct. 2565, 2575-2578, and for work done in resolving the fee issue itself, Bagby v. Beal, 606 F.2d 411 (3d Cir.). These two factors should also be included in the consideration given by the trial court, and fees for work in this court should thus be included.

[*~236]11

REVERSED and REMANDED.