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5 North Dakota opinions name it 1 courts 1986–2022 2 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Will v. Michigan Department of State Policegreen2 sentences2022Although a state or a state official acting in an official capacity is not a “person” under § 1983, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), “section 1988 does not specify with particularity those who may be called upon to shoulder its fee awards.” Charles v. Daley, 846 F.2d 1057, 1063 (7th Cir. 1988). 2022Although a state or a state official acting in an official capacity is not a “person” under § 1983, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), “section 1988 does not specify with particularity those who may be called upon to shoulder its fee awards.” Charles v. Daley, 846 F.2d 1057, 1063 (7th Cir. 1988). | 2 | 2 |
Americans United for Separation of Church & State v. School District of Grand Rapidsgreen2 sentences2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa 2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa | 2 | 2 |
Charles Goss v. City of Little Rock, Arkansas, Charles Goss v. City of Little Rock, Arkansasgreen2 sentences2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa 2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa | 2 | 2 |
Gay Officers Action League v. Puerto Ricogreen2 sentences2022See Gay Officers Action League v. Commonwealth of Puerto Rico, 247 F.3d 288 (1st Cir. 2001); Goss v. City of Little Rock, 151 F.3d 861 (8th Cir. 1998); Beaver Creek Prop. 2022See Gay Officers Action League v. Commonwealth of Puerto Rico, 247 F.3d 288 (1st Cir. 2001); Goss v. City of Little Rock, 151 F.3d 861 (8th Cir. 1998); Beaver Creek Prop. | 2 | 2 |
Hutto v. Finneyred2 sentences2022Hutto v. Finney, 437 U.S. 678, 692 (1978). 2022Hutto v. Finney, 437 U.S. 678, 692 (1978). | 2 | 2 |
Charles v. Daleygreen2 sentences2022Although a state or a state official acting in an official capacity is not a “person” under § 1983, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), “section 1988 does not specify with particularity those who may be called upon to shoulder its fee awards.” Charles v. Daley, 846 F.2d 1057, 1063 (7th Cir. 1988). 2022Although a state or a state official acting in an official capacity is not a “person” under § 1983, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), “section 1988 does not specify with particularity those who may be called upon to shoulder its fee awards.” Charles v. Daley, 846 F.2d 1057, 1063 (7th Cir. 1988). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nnebe Ex Rel. Amin v. Daus
green
2 sentences2022We conclude a prevailing party can recover attorney’s fees under § 1988 against a losing defendant, including the State and its officials sued in their official capacities. 21 [¶48] Finally, the State argues the Association lacks standing to assert its members’ rights under § 1983, relying on Nnebe v. Daus, 644 F.3d 147 (2d Cir. 2011). 2022We conclude a prevailing party can recover attorney’s fees under § 1988 against a losing defendant, including the State and its officials sued in their official capacities. 21 [¶48] Finally, the State argues the Association lacks standing to assert its members’ rights under § 1983, relying on Nnebe v. Daus, 644 F.3d 147 (2d Cir. 2011). | 2 | 2022–2022 |
Haley v. Pataki
green
2 sentences2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa 2022See Americans United for Separation of Church & State v. School Dist., 835 F.2d 627, 631 , 633–34 (6th Cir. 1987) (“The mere failure to plead or 20 argue reliance on § 1983 is not fatal to a claim for attorney’s fees if the pleadings and evidence do present a substantial Fourteenth Amendment claim for which § 1983 provides a remedy.”); see also Goss v. City of Little Rock, 151 F.3d 861 , 864–866 (8th Cir. 1998) (even though landowners did not plead or argue § 1983, § 1988 permitted an award of attorney’s fees to the landowners for their meritorious takings action against the city); Haley v. Pa | 2 | 2022–2022 |
Venegas v. Mitchell
green
2 sentences2000When the claimant pays attorney fees, the statute would prohibit the attorney from “double dipping” by also receiving fees from the Bureau, but the statute would not prohibit the prevailing claimant from obtaining full or partial reimbursement of the attorney fees from the Bureau. [¶ 10] In an analogous case, the United States Supreme Court in Venegas v. Mitchell, 495 U.S. 82, 90 , 110 S.Ct. 1679 , 109 L.Ed.2d 74 (1990), construed the attorney fee provisions under 42 U.S.C. § 1988 for plaintiffs bringing civil rights actions. 2000When the claimant pays attorney fees, the statute would prohibit the attorney from “double dipping” by also receiving fees from the Bureau, but the statute would not prohibit the prevailing claimant from obtaining full or partial reimbursement of the attorney fees from the Bureau. [¶ 10] In an analogous case, the United States Supreme Court in Venegas v. Mitchell, 495 U.S. 82, 90 , 110 S.Ct. 1679 , 109 L.Ed.2d 74 (1990), construed the attorney fee provisions under 42 U.S.C. § 1988 for plaintiffs bringing civil rights actions. | 1 | 2000–2000 |
Kay v. Ehrler
green
2 sentences1991Kay v. Ehrler, — U.S. —, 111 S.Ct. 1435 , 113 L.Ed.2d 486 (1991). 1991Kay v. Ehrler, — U.S. —, 111 S.Ct. 1435 , 113 L.Ed.2d 486 (1991). | 1 | 1991–1991 |
Kristensen v. Strinden
green
1 sentence1986In arguing for an award of attorney’s fees under § 1988 the Linderkamps have stressed that they accepted an “invitation,” allegedly extended in Kristensen v. Strinden, 343 N.W.2d 67 (N.D.1983), to litigate their § 1983 action in state court, and that state courts must provide the full scope of relief, including attorney’s fees, which would be available in federal court. | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.