section 1988 fees (North Dakota) · Go Syfert
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section 1988 fees in North Dakota

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.

Followed or applied (6)

CaseFollowedCited
Will v. Michigan Department of State Policegreen
scotus · 1989 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

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).

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).

22
Americans United for Separation of Church & State v. School District of Grand Rapidsgreen
ca6 · 1987 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

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

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

22
Charles Goss v. City of Little Rock, Arkansas, Charles Goss v. City of Little Rock, Arkansasgreen
ca8 · 1998 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

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

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

22
Gay Officers Action League v. Puerto Ricogreen
ca1 · 2001 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

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.

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.

22
Hutto v. Finneyred
scotus · 1979 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

2022Hutto v. Finney, 437 U.S. 678, 692 (1978).

2022Hutto v. Finney, 437 U.S. 678, 692 (1978).

22
Charles v. Daleygreen
ca7 · 1988 · cited in 2 North Dakota opinions naming this issue, 2022–2022
2 sentences

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).

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).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Nnebe Ex Rel. Amin v. Daus green
ca2 · 2011
2 sentences

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).

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).

22022–2022
Haley v. Pataki green
ca2 · 1997
2 sentences

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

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

22022–2022
Venegas v. Mitchell green
scotus · 1990
2 sentences

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.

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.

12000–2000
Kay v. Ehrler green
scotus · 1991
2 sentences

1991Kay 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).

11991–1991
Kristensen v. Strinden green
nd · 1983
1 sentence

1986In 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.

11986–1986

Statutes the citing opinions construe

USC § 42u.s.c.1988 (5) USC § 42u.s.c.1983 (3)

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.

Where else courts name it

NY 100 (1979–2024) CA 74 (1979–2025) NJ 46 (1979–2019) MA 45 (1981–2025) IL 30 (1983–2022) WA 30 (1980–2017) TX 27 (1990–2025) IN 26 (1981–2016) CO 25 (1980–2026) AL 23 (1981–2016) TN 21 (1986–2022) OH 20 (1984–2016) MD 19 (1983–2025) NM 19 (1985–2019) FL 18 (1983–2026) ID 15 (1984–2025) ME 14 (1979–2009) WI 14 (1980–2008) CT 14 (1995–2015) MN 13 (1984–2017) MT 13 (1987–2018) RI 13 (1984–2010) AK 12 (1979–2015) AZ 12 (1983–2020) OR 12 (1981–2010) DC 12 (1985–2023) KS 12 (1982–2015) PA 11 (1984–2026) LA 11 (1991–2022) OK 10 (1994–2023) UT 10 (1989–2009) NE 9 (1986–2021) NC 8 (1982–2012) DE 7 (1984–2003) AR 7 (1987–2025) MO 7 (1980–2007) NV 6 (1987–2026) HI 6 (1997–2016) MS 6 (1987–2012) VT 5 (1985–2012) MI 5 (1986–2007) WV 5 (1984–2008) ND 5 (1986–2022) GA 5 (1985–1996) IA 5 (1980–2010) WY 4 (1990–2019) NH 4 (1981–2007) KY 3 (1981–1998) SC 2 (2000–2016) VA 2 (1989–2010) SD 2 (1983–2000)

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.

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