Northcross v. Memphis Bd. of Educ., 412 U.S. 427 (1973). · Go Syfert
Northcross v. Memphis Bd. of Educ., 412 U.S. 427 (1973). Cases Citing This Book View Copy Cite
Quick Summary

Similar language in two different statutes provides a strong indication that the statutes should be interpreted pari passu.

After a court denied attorneys' fees to successful plaintiffs in a school desegregation action under the Emergency School Aid Act of 1972, the Supreme Court addressed whether the same standard applies as under the Civil Rights Act of 1964. Because the statutory language is similar and the provisions share a common purpose, the Court determines that the statutes should be interpreted pari passu. The Court holds that a successful plaintiff under the Emergency School Aid Act should ordinarily recover an attorney's fee unless special circumstances render such an award unjust. Because the lower court provided no reasoning for its denial, the Supreme Court vacated the judgment and remanded the case.

1,048 citation events (305 in the last 25 years) across 80 distinct courts.
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Cited for
At page 428 Interpreting similar statutes to allow attorney's fees94 citing casesThe similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.11 citing courts put it this way · also cited as 93 S. Ct. at 2202; 37 L. Ed. 2d at 50 · 87 listed here
  • Omar Santos v. Experian Info. Solutions, Inc., No. 22-11187 (11th Cir. Jan. 12, 2024).published
    (The similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.)
  • Omar Santos v. Experian Info. Solutions, Inc., No. 22-11187 (11th Cir. Nov. 6, 2023).published
    (The similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.)
  • Catherine G. Ratliff v. Michael J. Astrue, No. 07-2317 (8th Cir. Sept. 5, 2008).published
    ([S]imilarity of language . . . is, of course, a strong indication that . . . two [attorney’s fee] statutes should be interpreted pari passu.)
  • State v. Pepper, 539 P.3d 203 (Kan. 2023).published 3 cites
    (The similarity of language in § 718 and § 204[b] is, of course, a strong indication that the two statutes should be interpreted pari passu.)
  • Ratliff v. Astrue, 540 F.3d 800 (8th Cir. 2008).published 6 cites
    ([S]imilarity of language... is, of course, a strong indication that ... two [attorney's fee] statutes should be interpreted pari passu.)
  • In re Le Blanc, 49 V.I. 508 (2008).published 3 cites
    (similarity of language ... is, of course, a strong indication that the two statutes should be interpreted pari passu.)
  • Matter of Extradition of Montiel Garcia, 802 F. Supp. 773 (E.D.N.Y. 1992).published 3 cites
    (similarity of language ... is, of course, a strong indication that the two statutes should be interpreted pari passu)
  • Moore Mach. Tools v. Aydin, No. 2:24-cv-00793 (D. Utah Oct. 9, 2025).
    Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam) (stating t…
  • United States v. Volungus, 134 F.4th 637 (1st Cir. 2025).published
    See, e.g., Cannon v. Univ. of Chi., 441 U.S. 677, 696-98 (1979) (presuming that Congress knew about the prior interpretation courts gave to statutory language that legislators then dropped into a different statute); Northcross v. Bd. of Ed…
  • NICHOLSON v. United States, No. 23-843 (Fed. Cl. Jan. 16, 2025).published 2 cites
    Fed’n of Flight Attendants v. Zipes, 491 U.S. 754 , 758 n.2 (1989) (“We have stated in the past that fee-shifting statutes’ similar language is ‘a strong indication’ that they are to be interpreted alike.” (quoting Northcross v. Memphis Bd…
Show 77 more citing cases
At page 429 Determining authority for attorneys' fees under statutes4 citing casesto determine whether the Court of Appeals applied this standard and, if so, whether it did so correctly, we grant the petition for certiorari, vacate the…opening of page *429 (no citing court says what it cites this page for)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
NORTHCROSS Et Al.
v.
BOARD OF EDUCATION OF THE MEMPHIS CITY SCHOOLS Et Al.
72-1164.
Supreme Court of the United States.
Jun 4, 1973.
Published opinion
412 U.S. 427
1973 U.S. LEXIS 61
Per Curiam.

This case presents the question of the propriety, under § 718 of the Emergency School Aid Act of 1972, 86 Stat. 369, 20 U. S. C. § 1617, of a denial of attorneys' fees to the successful plaintiffs in this litigation aimed at desegregating the public schools of Memphis, Tennessee. Section 718, which became effective on July 1,1972, provides that “[u]pon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof),” in any action seeking to redress illegal or unconstitutional discrimination with respect to “elementary and secondary education, the court, in its discretion, upon a finding that the proceedings were necessary to bring about compliance, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.” In this case, the United States Court of Appeals for the Sixth Circuit denied petitioners’ motion for an award of attorneys’ fees. The Court of Appeals did not, however, state reasons for the denial and it is therefore not possible for this[*428] Court to determine whether the Court of Appeals applied the proper standard in reaching this result. [1]

Section 718 tracks the wording of § 204 (b) of the Civil Rights Act of 1964, 78 Stat. 244, 42 U. S. C. § 2000a-3(b), which provides that, in an action seeking to enforce Title II of that Act, “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 . . . In Newman v. Piggie Park Enterprises, Inc., 390 U. S. 400 (1968), we held that, under § 204 (b), “one who succeeds in obtaining an injunction under that Title should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Id., at 402. The similarity of language in § 718 and § 204 (b) is, of course, a strong indication that the two statutes should be interpreted pari passu. Moreover, “the two provisions share a common raison d’etre. The plaintiffs in school cases are 'private attorneys general’ vindicating national policy in the same sense as are plaintiffs in Title II actions. The enactment of both provisions was for the same purpose — ‘to encourage individuals injured by racial discrimination to seek judicial relief ....’” Johnson v. Combs, 471 F. 2d 84, 86 (CA5 1972), quoting Newman v. Piggie Park Enterprises, Inc., supra, at 402. We therefore conclude that, as with §204 (b), if other requirements of § 718 are satisfied, the successful plaintiff “should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” 390 U. S., at 402. Since it is impossible for us[*429] to determine whether the Court of Appeals applied this standard and, if so, whether it did so correctly, we grant the petition for certiorari, vacate the judgment below insofar as it relates to the denial of attorneys’ fees, and remand to the Court of Appeals for further proceedings consistent with this opinion. [2] See Taylor v. Mc-Keithen, 407 U. S. 191 (1972); cf. California v. Krivda, 409 U. S. 33 (1972).

Mr. Justice Marshall did not participate in the consideration or decision of this case.
1

Respondents suggest that petitioners’ motion for costs and attorneys’ fees might have been denied due to untimeliness. Although it is clear that the petitions for rehearing en banc were denied as untimely, there is no indication that the bill of costs was filed out of time, or that costs and attorneys’ fees were denied for that reason.

2

We need not, and therefore do not, decide whether § 718 authorizes an award of attorneys’ fees insofar as those expenses were incurred prior to the date that that section came into effect. We also do not decide whether, and under what circumstances, an award of attorneys’ fees is permissible in suits brought under 42 U. S. C. § 1983 in the absence of specific statutory authorization for such an award. See Knight v. Auciello, 453 F. 2d 852 (CA1 1972); Lee v. Southern Home Sites Corp., 444 F. 2d 143 (CA5 1971).