Staten v. Housing Authority Of The City Of Pittsburgh (1980)

See Staten v. Housing Auth., 638 F.2d 599 , 605 (3rd Cir.1980) (the fact that a case was "simple" or could be "handled routinely" does not justify denial of attorney's fees in Sec. 1983 cases); Hatfield, 877 F.2d at 720 (citing Staten, 638 F.2d at 605). 42 Additionally, we find no legal basis for either the court's initial order or its ultimate decision limiting fees to one attorney.

See Staten v. Housing Auth., 638 F.2d 599 , 605 (3rd Cir.1980) (the fact that a case was “simple” or could be “handled routinely” does not justify denial of attorney’s fees in § 1983 cases); Hatfield, 877 F.2d at 720 (citing Staten, 638 F.2d at 605).

Auth. of Pittsburgh, 638 F.2d 599, 602-04 (3d Cir. 1980) (assessing whether a state housing authority was a federal agency for purposes of the Civil Rights Attorney’s Fees 22 Awards Act of 1976).

Staten v. Housing Authority of Pittsburgh, 3rd Cir. 638 F.2d 599, 604 (3d Cir. 1980), citing Skehan v. Bd. of Trustees, 590 F.2d 470 , 496 (3d Cir. 1978), cert. denied, 444 U.S. 832 , 100 S.Ct. 61 , 62 L.Ed.2d 41 (1979), citing S.Rep.No.94-1011, 94th Cong. 2d Sess. 4, reprinted in (1976) U.S.Code Cong. & Admin.News, pp. 5908, 5912 (emphasis added).

Staten v. Housing Authority of Pittsburgh, 3rd Cir. 638 F.2d 599, 604 (3d Cir. 1980), citing Skehan v. Bd. of Trustees, 590 F.2d 470 , 496 (3d Cir. 1978), cert. denied, 444 U.S. 832 , 100 S.Ct. 61 , 62 L.Ed.2d 41 (1979), citing S.Rep.No. 94-1011, 94th Cong. 2d Sess. 4, reprinted in (1976) U.S.Code Cong. & Admin.News, pp. 5908, 5912 (emphasis added).

Auth. of City of Pittsburgh, 638 F.2d 599, 603 (3d Cir.1980) (“The Pittsburgh Housing Authority is a creature of state law which, by federal law, has a unique relationship with the federal government.

Section 1988 is “an incentive for the private enforcement of civil rights” and allows for “the award of attorneys’ fees following a section 1983 action.” Staten v. Housing Auth. of City of Pittsburgh, 638 F.2d 599, 601-02 (3d Cir.1980).

Auth. of Pittsburgh, 638 F.2d 599, 603 (3d Cir.1980).

Compare, e.g., 16 U.S.C. § 831c(h) (making Tennessee Valley Authority an agent of the United States); 44 C.F.R. § 61.5 (e), (i) (stating that casualty insurance agents are not agents of the United States when making representations regarding the extent and scope of coverage for a standard flood insurance policy) and Staten v. Housing Auth. of Pittsburgh, 638 F.2d 599, 603 (3d Cir.1980) (question of whether an entity may act as agent of the federal government is a question of…

Staten v. Housing Authority of the City of Pittsburgh, 638 F.2d 599, 605 (3rd Cir.1980).

Staten v. Housing Auth. of Pittsburgh, 638 F.2d 599, 605 (3d Cir.1980).

The decision in Staten v. Housing Authority of the City of Pittsburgh, 638 F.2d 599, 603 (3d Cir.1980) is instructive in resolving the issue whether the Kansas City Housing Authority is a federal agency under the Federal Tort Claims Act.

The Third Circuit has declared that “[w]hether [a plaintiff] is entitled to a fees award should be determined by whether her case acted as a ‘catalyst’ for the vindication of her constitutional rights.” Sullivan, 663 F.2d at 448-49, quoting Staten v. Housing Authority, 638 F.2d 599, 605 (3d Cir.1980).

Absent ‘special circumstances,’ ... fees should be awarded.” See also Staten v. Housing Auth. of the City of Pittsburgh, 638 F.2d 599, 604 (3d Cir.1980); Jones v. Orange Housing Authority, 559 F.Supp. 1379, 1383 (D.N.J.1983) (“While the language of § 1988 indicates that the award of fees to the prevailing party is within the Court’s discretion, it is clear that this discretion is narrowly circumscribed.”) A. The State Defendants The State defendants assert that special circu…

Staten v. Housing Authority, 638 F.2d 599, 605 (3d Cir.1980).

Staten v. Housing Authority of the City of Pittsburgh, 638 F.2d 599, 601 (3d Cir.1980).

Staten v. Housing Authority of Pittsburgh, 638 F.2d 599, 605 (3d Cir. 1980); Ross v. Horn, 598 F.2d 1312, 1322 (3d Cir.1979), cert. denied, 448 U.S. 906 , 100 S.Ct. 3048 , 65 L.Ed.2d 1136 (1980).

The court referred to plaintiff’s “case as a ‘catalyst’ for the vindication of her constitutional rights,” at 448 (emphasis added), quoting Staten v. Housing Authority, 638 F.2d 599, 605 (3rd Cir. 1980), and pointed to “the causal link between the civil rights suit and the relief obtained....” 663 F.2d at 448.

Thus, a denial of fees was said to be not warranted because the case was fairly simple, Staten v. Housing Auth. of Pittsburgh, 638 F.2d 599, 605 (3d Cir. 1980); because the plaintiffs were represented by legal services attorneys, New York Gaslight Club, Inc. v. Carey, 447 U.S. 54 , 70 n.9 (1980); because the burden of any fee award will fall on State taxpayers, Aware Woman Clinic, Inc. v. Cocoa Beach, 629 F.2d 1146, 1150 (5th Cir. 1980), and cases cited; or because the defen…

See Staten v. Housing Auth., 638 F.2d 599 , 605 (3d Cir.1980) (remanding to the district court for a determination of whether there were any "special circumstances" for not ordering the state housing authority to pay fees). 58 Lastly, HHA contends that the Tenants were not the "catalyst" for its actions in altering the modernization plan.

See Staten v. Housing Auth., 638 F.2d 599 , 605 (3d Cir.1980) (remanding to the district court for, a determination of whether there were any “special circumstances” for not ordering the state housing authority to pay fees).

See Staten v. Housing Authority, 638 F.2d 599, 605 (3d Cir.1980).

See Staten v. Housing Authority, 638 F.2d 599, 605 (3d Cir.1980).

See Chastang v. Flynn & Emrich Co., 541 F.2d 1040, 1045 (4th Cir.1976) (special circumstances warranting denial of counsel fees where defendant was powerless to prevent constitutional violation and award would penalize persons who had no part in violation) cited with approval in Staten v. Housing Authority of Pittsburgh, 638 F.2d 599 , 605 n. 13 (3d Cir.1980).

See Staten v. Housing Auth. of City of Pittsburgh, 638 F.2d 599 (3d Cir.1980).

See, e. g., Staten v. Housing Authority, 638 F.2d 599 (3d Cir. 1980), and cases cited therein. 8 .