Phillip Maloney v. City of Marietta, 822 F.2d 1023 (11th Cir. 1987). · Go Syfert
Phillip Maloney v. City of Marietta, 822 F.2d 1023 (11th Cir. 1987). Cases Citing This Book View Copy Cite
38 citation events (8 in the last 25 years) across 13 distinct courts.
Strongest positive: Kimberly Cusack-Acocella v. Dual Diagnosis Treatment Center, Inc. (cacd, 2021-03-23)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Kimberly Cusack-Acocella v. Dual Diagnosis Treatment Center, Inc.
C.D. Cal. · 2021 · confidence medium
I at 10.) A plaintiff’s agreement, “through a settlement or consent 19 order[,] . . . to compromise his right to pursue subsequent fees” constitutes a “special 20 circumstance[] justifying the denial of a fee award.” See Maloney v. City of Marietta, 21 822 F.2d 1023, 1027 (11th Cir. 1987).
discussed Cited as authority (rule) David Peery v. City of Miami
11th Cir. · 2015 · confidence medium
The Supreme Court held in Evans v. Jeff D., 475 U.S. 717, 736 , 106 S.Ct. 1531 , 89 L.Ed.2d 747 (1986), that § 1988 permits settlement agreements conditioned on the waiver of attorneys’ fees, and we have since explained that one of the situations which might constitute a special circumstance justifying the denial of fees is “where the plaintiff through a settlement or consent order agreed to compromise his right to pursue subsequent fees.” Maloney v. City of Marietta, 822 F.2d 1023, 1027 (11th Cir.1987).
discussed Cited as authority (rule) Shelby County, Alabama v. Loretta E. Lynch (2×)
D.C. Cir. · 2015 · confidence medium
Some observers may be surprised, puzzled, or even upset when, pursuant to a fee-shifting provision, a court awards fees to a Caucasian man in a VRA suit, see Maloney v. City of Marietta, 822 F.2d 1023, 1026 (11th Cir.1987), or a large corporation in a § 1983 suit, see Sable Commc’ns of Cal., Inc. v. Pac.
cited Cited as authority (rule) State of Texas v. United States of America
D.D.C. · 2014 · confidence medium
That is, the exception is “a judicially created concept, not mentioned in any of the fee award statutes.” Maloney v. City of Marietta, 822 F.2d 1023, 1027 (11th Cir.1987).
discussed Cited as authority (rule) Dillard v. City of Greensboro
11th Cir. · 2000 · confidence medium
A rejection of their appeal is implicit in our disposition of Greensboro’s appeal. 8 Voting Rights Act to be a violation of the “guarantees of the fourteenth or fifteenth amendment,” see Maloney v. City of Marietta, 822 F.2d 1023, 1026 (11th Cir. 1987),6 and no one argues here that the same implicit extension of § 1973l would not embrace § 2 claims, as well.
discussed Cited as authority (rule) Dillard v. City of Greensboro
11th Cir. · 2000 · confidence medium
Discussion 42 U.S.C. § 19732 (e) authorizes an award of attorney fees to the prevailing party “[i]n any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment.” This circuit has implicitly construed a violation of § 5 of the Voting Rights Act to be a violation of the “guarantees of the fourteenth or fifteenth amendment,” see Maloney v. City of Marietta, 822 F.2d 1023, 1026 (11th Cir.1987), 6 and no one argues here that the same implicit extension of § 19731 would not embrace § 2 claims, as well.
discussed Cited as authority (rule) Cruse v. Nunley
Miss. · 1997 · confidence medium
Although a trial court has considerable discretion *947 in the award or denial of attorney's fees, the discretion to deny attorney's fees to a prevailing party is "exceedingly narrow." Church of Scientology v. City of Clearwater, 2 F.3d 1509 , 1513 (11th Cir.1993); Maloney v. Marietta, 822 F.2d 1023, 1025 (11th Cir.1987).
discussed Cited as authority (rule) Billy M Cruse v. Johnny Nunley
Miss. · 1995 · confidence medium
Although a trial court has considerable discretion in the award or denial of attorney's fees, the discretion to deny attorney's fees to a prevailing party is "exceedingly narrow." Church of Scientology v. City of Clearwater, 2 F.3d 1509 , 1513 (11th Cir. 1993); Maloney v. Marietta, 822 F.2d 1023, 1025 (11th Cir.1987).
discussed Cited as authority (rule) Medders v. Autauga County Board of Education
M.D. Ala. · 1994 · confidence medium
"In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” Moreover, in order for these congressional objectives to be met, the Eleventh Circuit Court of Appeals has instructed that, although the awarding of fees is labelled “discretionary” under § 1973l (e), the discretion of the trial court to deny fees to a prevailing party in these cases is “exceedingly narrow.” Maloney v. City of Marietta, 822…
discussed Cited as authority (rule) Roosevelt Love v. Emit C. Deal (2×) also: Cited "see"
11th Cir. · 1993 · confidence medium
Maloney v. City of Marietta, 822 F.2d 1023, 1025 (11th Cir.1987) (reviewing denial of attorney’s fees motion made pursuant to section 1973l (e)); Solomon v. City of Gainesville, 796 F.2d 1464, 1466 (11th Cir.1986) (reviewing denial of attorney’s fees motion made pursuant to section 1988 for an *1410 abuse of discretion).
cited Cited as authority (rule) Church Of Scientology Flag Service, Org., Inc. v. City Of Clearwater
11th Cir. · 1993 · confidence medium
The scope of the district court's discretion to deny fees to a prevailing party, however, is "exceedingly narrow." Maloney v. Marietta, 822 F.2d 1023, 1025 (11th Cir.1987).
cited Cited as authority (rule) Church of Scientology Flag Service, Org., Inc. v. City of Clearwater
11th Cir. · 1993 · confidence medium
The scope of the district court’s discretion to deny fees to a prevailing party, however, is “exceedingly narrow.” Maloney v. Marietta, 822 F.2d 1023, 1025 (11th Cir.1987).
discussed Cited as authority (rule) Carey v. Rudeseal
N.D. Ga. · 1988 · confidence medium
The central issue test was recently applied in Maloney v. City of Marietta, 822 F.2d 1023, 1025 (11th Cir.1987) (fees awarded under § 1973Z (e), under which the same standards apply as under § 1988); see also Taylor v. City of Fort Lauderdale, 810 F.2d 1551 (11th Cir.1987) (success on minor or peripheral issue will not support an award of fees); Solomon v. Gainesville, 796 F.2d 1464 , 1466 (11th Cir.1986); Watkins v. Mobile Housing Board, 632 F.2d 565, 567 (5th Cir. Unit B 1980); Familias Unidas v. Briscoe, 619 F.2d 391, 405 (5th Cir.1980); Iranian Students Association v. Edwards, 604 F.2d 3…
cited Cited "see" Dennis J. Hastert, Harris Fawell, John E. Porter, Philip M. Crane, Henry J. Hyde, Robert H. Michel, and Thomas W. Ewing, and Johnny Scott and Ben Howard, Plaintiffs-Intervenors-Appellants v. Illinois State Board of Election Commissioners, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Hannelore Huisman, Lawrence E. Johnson, David E. Murray, Langdon D. Neal and Wanda T. Rednour, Dennis J. Hastert, Harris Fawell, John E. Porter, Philip M. Crane, Henry J. Hyde, Robert H. Michel, and Thomas W. Ewing v. State Board of Elections, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Lawrence E. Johnson, David E. Murray, Langdon D. Neal, Wanda T. Rednour and Hannelore Huisman, Defendants- Wilfredo Nieves, Al Johnson, Linda Coronado, Bobby Rush, Jesus Garcia, Rev. Willie Barrow, Rafael Boria, Miguel Del Valle, Robert L. Lucas, Leon D. Finney, Jr., Rev. Clay Evans, Joseph Gardner, Luis v. Gutierrez, Regner Suarez, Joseph Berrios, Miguel A. Santiago, and Neomi Hernandez v. Illinois State Board of Election Commissioners, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Hannelore Huisman, Lawrence E. Johnson, David E. Murray, Langdon D. Neal and Wanda T. Rednour, the Chicago Urban League, Craig R. Collins, Mark Allen, and Nikolas C. Theodore v. State Board of Elections, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Lawrence E. Johnson, David E. Murray, Langdon D. Neal and Wanda T. Rednour, Ann Rosebrook, Daryl Barklow, Amiel Cueto, Richard Mark, Jeanelle Norman, Carolyn Toney, Lee Babcock, Raymond Oliver, Barbara Poshard, William Matthews, Gerald Hawkins, and Eva Savala v. State Board of Elections, John J. Lanigan, Theresa M. Petrone, Richard A. Cowen, Hannelore Huisman, Lawrence E. Johnson, David E. Murray, Langdon D. Neal and Wanda T. Rednour
7th Cir. · 1994 · signal: see · confidence high
See Maloney v. City of Marietta, 822 F.2d 1023 (11th Cir.1987).
cited Cited "see" Hastert v. Illinois State Board of Election Commissioners
7th Cir. · 1993 · signal: see · confidence high
See Maloney v. City of Marietta, 822 F.2d 1023 (11th Cir.1987).
discussed Cited "see, e.g." Child Evangelism Fellowship of Maryland, Inc. v. Montgomery County Public Schools
D. Maryland · 2005 · signal: see also · confidence medium
Haley v. Pataki, 106 F.3d 478, 483-84 (2d Cir.1997) (allowing plaintiffs, who had obtained preliminary injunction pursuant to their 42 U.S.C. § 1983 challenge to defendant’s alleged unlawful conduct, to obtain prevailing party status even though defendant’s subsequent compliance with injunction and passage of legislation mooted plaintiffs’ § 1983 challenge; injunction held to be a determination on the merits); see also Maloney v. Marietta, 822 F.2d 1023, 1024 (11th Cir.1987) (preliminary injunction in voting rights case vacated as moot following voluntary compliance by defendants; fees…
discussed Cited "see, e.g." Virginia Society v. Caldwell
4th Cir. · 1999 · signal: see also · confidence medium
Cir. 1999) (allowing plaintiffs, who had obtained an injunction pursuant to their 42 U.S.C. § 1983 challenge to defendant's alleged unlawful conduct, to obtain prevail- ing party status under 42 U.S.C. § 1988 even though subsequent legis- lation mooted plaintiffs' § 1983 challenge because the injunction altered the legal relationship between the parties); Haley v. Pataki, 106 F.3d 478, 483-84 (2d Cir. 1997) (allowing plaintiffs, who had obtained a preliminary injunction pursuant to their 42 U.S.C. § 1983 challenge to defendant's alleged unlawful conduct, to obtain prevail- ing party status…
discussed Cited "see, e.g." Morse v. Republican Party of Virginia
W.D. Va. · 1997 · signal: see also · confidence medium
No. 295 at 40, reprinted in 1975 U.S.S.C.A.N. at 807 (citing Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 402 , 88 S.Ct. 964, 966-67 , 19 L.Ed.2d 1263 (1968)); see also Maloney v. City of Marietta, 822 F.2d 1023, 1025 (11th Cir.1987) (noting that under § 1973l(e), “a prevailing plaintiff ordinarily is entitled to a fee award ‘as a matter of course’ absent special circumstances that would render such an award unjust”); Donnell v. United States, 682 F.2d 240, 245 (D.C.Cir.1982) (finding that “the legislative history [of 1973l (e) ] makes clear that a prevailing party usually sho…
Retrieving the full opinion text from the archive…
Phillip MALONEY, Plaintiff-Appellant,
v.
CITY OF MARIETTA, Et Al., Defendants-Appellees
86-8043, 86-8256.
Court of Appeals for the Eleventh Circuit.
Jul 27, 1987.
822 F.2d 1023
Donald F. Samuel, The Garland Firm, Atlanta, Ga., for plaintiff-appellant., Joseph C. Parker, Marietta, Ga., for defendants-appellees.
Hill, Hatchett, Henderson.
Cited by 28 opinions  |  Published
HILL, Circuit Judge:

This case presents the question of whether a white male plaintiff can recover statutorily authorized attorney’s fees as a “prevailing party” in an action to enforce compliance with a specific provision of the Voting Rights Act of 1965. We answer this question in the affirmative, and therefore reverse the judgment of the district court.

BACKGROUND

In August 1985, appellant Phillip Maloney initiated this action under the Voting Rights Act seeking a temporary restraining order (TRO) against the City of Marietta, Georgia and various city officials. The complaint sought to enjoin the operation of Ordinance No. 3700 of the City Charter, Art. II, Sec. 2.3, which imposed a one-year ward residency requirement on candidates for the Marietta City Council. Prior to the adoption of this ordinance in 1980, the charter required only one year’s residence within the City as a whole. At the time he brought this lawsuit, Maloney had been a resident of the City for more than one year, but had not been a resident of the ward he sought to represent. He therefore was denied qualification as a candidate for the October 1, 1985 city council elections.

Maloney challenged the validity of the ordinance on the ground that it had not been precleared, as required by section 5 of the Voting Rights Act, 42 U.S.C. § 1973c. [1] When Maloney first applied for a TRO on August 15, 1985, the district court denied relief due to a lack of evidence as to whether the City had ever submitted Ordinance 3700 to the United States Attorney General after its passage in 1980. On August 19, 1985, the City submitted the ordinance for review by the Attorney General. At a second hearing before the district court on September 9, 1985, the court granted a TRO based on additional evidence that no submission had originally been made, including the City’s “resubmission” of the ordinance after Maloney filed this complaint. The court’s order entered on September 10 enjoined the City from holding its election without placing Maloney on the ballot and allowing him at least six weeks to campaign.

On the evening of September 10, however, the City informed the district court and Maloney that it had received preclearance of the ordinance from the Attorney General. At a hearing conducted on September 11, the court vacated its TRO and indicated its intention to grant the City’s oral motion to dismiss, on the ground that there was no longer a colorable federal[*1025] claim now that the City had received preclearance of the ordinance. Maloney then moved for an award of reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1973/ (e), claiming that he was a “prevailing party” in this action. The district court acknowledged that Maloney fit the definition of a prevailing party as recently articulated by this circuit. The court noted, however, that Maloney is a white male, not a member of a minority group, nor could he be considered a representative of minority citizens of Marietta. The court also observed that the ward residency requirement which Maloney challenged historically has favored, rather than disfavored, minority voting rights. Concluding that “minority rights are not even facially implicated by the particular facts presented,” the district court denied Maloney’s motion for fees and costs. We now reverse.

DISCUSSION

Standard of Review

We review the district court’s denial of attorney’s fees pursuant to section 1973/ (e) [2] under an abuse of discretion standard. Solomon v. City of Gainesville, 796 F.2d 1464, 1466 (11th Cir.1986). Our cases have made clear, however, that a court’s discretion to deny fees to a prevailing party in these cases is “exceedingly narrow.” See id.; Ellwest Stereo Theatre, Inc. v. Jackson, 653 F.2d 954, 955 (5th Cir. Unit B 1981). [3] Indeed, a prevailing plaintiff ordinarily is entitled to a fee award “as a matter of course” absent special circumstances that would render such an award unjust. Solomon, 796 F.2d at 1466; Gates v. Collier, 616 F.2d 1268, 1275 (5th Cir. 1980), [4] modified on other grounds, 636 F.2d 942 (5th Cir.1981); accord Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968).

Meaning of “Prevailing Party” and “Special Circumstances”

The district court apparently determined that Maloney was a prevailing party as that term has been defined in this circuit. This court has recognized that a party may “prevail” in an action without obtaining formal judicial relief, such as when remedial action effectively moots the lawsuit before trial, where the plaintiff has successfully vindicated his right. See Fields v. City of Tarpon Springs, 721 F.2d 318, 321 (11th Cir.1983) (and cases cited therein); Doe v. Busbee, 684 F.2d 1375, 1379 (11th Cir.1982). As we recently reiterated,

[t]he prevailing party test is “whether he or she has received substantially the relief requested or has been successful on the central issue,” Watkins v. Mobile Housing Board, 632 F.2d 565, 567 (5th Cir. Unit B. 1980), or, stated another way, whether “plaintiffs’ lawsuit was a catalyst motivating defendants to provide the primary relief sought in a manner desired by litigation.” Robinson v. Kimbrough, 652 F.2d 458, 465 (5th Cir. 1981).

Martin v. Heckler, 773 F.2d 1145, 1149 (11th Cir.1985) (en banc). The central legal issue in this case was the City’s failure to meet the preclearance requirement of the Voting Rights Act, which the City proceeded to do after Maloney initiated this action. Thus, the district court correctly found that the plaintiffs’ lawsuit “was the catalyst in[*1026] motivating Defendants to secure expedited clearance of the residency requirement.” Dist.Ct. Order at 3.

However, the district court went on to state that the lawsuit “must have in some sense vindicated Plaintiff’s civil rights in order for him to be considered a ‘prevailing’ party.” Id. at 3. The court determined that because “the particular facts of this case do not implicate the civil rights of minorities,” Maloney “cannot be considered to have vindicated civil rights by bringing his action, and thus is not entitled to an award of attorney’s fees as a prevailing party.” Id. at 4. The court apparently concluded that because Maloney was neither a member of a minority group nor a representative of a class of minority citizens, his action could not be characterized as one undertaken to vindicate civil rights and thus did not merit an award of attorney’s fees. We find this conclusion to be unfounded and an abuse of discretion.

As an initial matter, we fail to see how a lawsuit which the district court found was the catalyst in motivating the City to comply with an express provision of the Voting Rights Act could not be characterized as an action which vindicated civil rights. [5] Regardless, the relevant inquiry in the prevailing party analysis is whether the plaintiff’s lawsuit successfully vindicated a particular right guaranteed under a statute which authorizes the awarding of attorneys’ fees, not whether the plaintiff’s action somehow advanced the broader concept of minority civil rights. Cf. Donnell v. United States, 682 F.2d 240, 245 (D.C. Cir.1982) (purpose of section 1973/ (e) is to encourage private litigants “to act as ‘private attorneys general’ in seeking to vindicate the civil rights laws”), cert. denied, 459 U.S. 1204, 103 S.Ct. 1190, 75 L.Ed.2d 436 (1983). The legislative history makes clear that any prevailing plaintiff normally should recover fees: “A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized ..., if successful, ‘should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.’ ” S.Rep. No. 295, 94th Cong., 1st Sess. 40 (1975) (quoting Newman v. Piggie Park Enterprises, Inc., 390 U.S. at 402, 88 S.Ct. at 966), reprinted in U.S.Code Cong. & Admin.News 774, 807. Maloney instituted this lawsuit in order to compel the City to comply with a specific provision of the Voting Rights Act. Because his lawsuit was the catalyst in vindicating a right guaranteed under the Act, he must be considered a prevailing party under the fee award provision of section 1973/ (e).

Moreover, the particular statute vindicated in this case is comprehensive in scope and broadly applicable in the jurisdictions subject to its requirements. In fact, section 5 has been interpreted as requiring the preclearance of “[a]ny change affecting voting, even though it appears to be minor or indirect, [or] even though it ostensibly expands voting rights____” Department of Justice Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, 28 C.F.R. § 51.11 (1986) (emphasis added) (quoted with approval in NAACP v. Hampton County Electric Comm’n, 470 U.S. 166, 179, 105 S.Ct. 1128, 84 L.Ed.2d 124 (1985)). Clearly, the applicability of the preclearance requirement does not depend on who is attempting to enforce compliance with it, or for what reason. It follows, therefore, that any plaintiff who successfully vindicates the requirements of section 5 should be considered a prevailing party, without regard to the plaintiff’s race or motives for bringing the action.

Finally, the fact that Maloney is not a minority citizen or representative cannot be considered as special circumstances justifying the district court’s denial of attor[*1027] ney’s fees. We note that the special circumstances exception is a judicially created concept, not mentioned in any of the fee award statutes, and therefore “should be narrowly construed so as not to interfere with the congressional purpose in passing such statutes.” Martin v. Heckler, 773 F.2d at 1149-50. This court has recognized several situations which might constitute special circumstances justifying the denial of a fee award: (1) where the plaintiffs action asserted essentially a private tort claim for money damages, (2) where the plaintiff was not instrumental in achieving the remedy sought, (3) where the plaintiff challenged an antiquated, rarely enforced statute, and (4) where the plaintiff through a settlement or consent order agreed to compromise his right to pursue subsequent fees. Id. at 1151 (citing Riddell v. Nat’l Democratic Party, 624 F.2d 539, 544-45 (5th Cir.1980)). Nowhere is the particular race or gender of the plaintiff mentioned as a special circumstance which alone would justify the denial of attorney’s fees.

Because the district court abused its discretion in denying Maloney’s motion for attorney’s fees and costs, we REVERSE the order of the district court and REMAND this matter for determination of an appropriate fee award.

1

. Section 5 bars any political subdivision of the State of Georgia, among other states, from enforcing any change in voting qualifications or procedures until the new provision has been approved. This approval may be obtained either by means of a declaratory judgment action in the United States District Court for the District of Columbia or by submitting it for review by the United States Attorney General. 42 U.S.C. § 1973c. It is undisputed that the City has never sought approval via a declaratory judgment action.

2

. Both the Supreme Court and this court have acknowledged that the fee award provisions of the Voting Rights Act, the Civil Rights Act of 1964, and 42 U.S.C. § 1988 are similar in language and purpose; therefore, the standards for awarding fees should be generally the same under all these provisions. See Hensley v. Eckerhart, 461 U.S. 424, 433 n. 7, 103 S.Ct. 1933, 1939 n. 7, 76 L.Ed.2d 40 (1983); Hanrahan v. Hampton, 446 U.S. 754, 758 n. 4, 100 S.Ct. 1987, 1989 n. 4, 64 L.Ed.2d 670 (1980); Riddell v. Nat'l Democratic Party, 624 F.2d 539, 543 (5th Cir.1980). Accordingly, we rely on cases construing the scope of the fee award provisions of these other statutes as well as cases dealing specifically with section 1973/(e).

3

. This circuit has adopted as precedent all decisions of Unit B of the former Fifth Circuit. Stein v. Reynolds Securities, Inc., 667 F.2d 33, 34 . (11th Cir.1982).

4

. The Eleventh Circuit has adopted as precedent all decisions of the former Fifth Circuit rendered prior to October 1, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc).

5

. By enacting the Voting Rights Act and subsequent amendments, Congress has evidenced its determination that compliance with the Act’s provisions is of importance in protecting minority race participation in government and government’s response to the legitimate interests of minority citizens. Where there has been non-compliance, the actor whose litigation brings about compliance has protected important civil rights of minorities, no matter that the actor’s motives may have been far less than altruistic. The grounds upon which a litigation are based are rarely identical to the motive of the litigator.