Owen S. Knight v. Rocco Auciello, 453 F.2d 852 (1st Cir. 1972). · Go Syfert
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Owen S. Knight v. Rocco Auciello, 453 F.2d 852 (1st Cir. 1972). Cases Citing This Book View Copy Cite
111 citation events (1 in the last 25 years) across 39 distinct courts.
Strongest positive: Domegan v. Ponte (ca1, 1992-10-06)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 27 distinct citers.
cited Cited as authority (rule) Domegan v. Ponte
1st Cir. · 1992 · confidence medium
Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972) (per ______ ________ curiam).
discussed Cited as authority (rule) Dennis J. Domegan v. Joseph Ponte, (Two Cases) (2×)
1st Cir. · 1992 · confidence medium
Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972) (per curiam).
cited Cited as authority (rule) Reiser v. Del Monte Properties Company
9th Cir. · 1979 · confidence medium
See, e. g., Hoitt v. Vitek, 495 F.2d 219, 221 (1st Cir. 1974); Cornist v. Richland Parish School Board, 495 F.2d 189, 192 (5th Cir. 1974); Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972).
cited Cited as authority (rule) Reiser v. Del Monte Properties Co.
9th Cir. · 1979 · confidence medium
See, e. g., Hoitt v. Vitek, 495 F.2d 219, 221 (1st Cir. 1974); Cornist v. Richland Parish School Board, 495 F.2d 189, 192 (5th Cir. 1974); Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972).
discussed Cited as authority (rule) Richardson v. Civil Serv. Com'n of State of NY
S.D.N.Y. · 1978 · confidence medium
E. g., Rosenfeld v. Southern Pacific Co., 519 F.2d 527 (9th Cir. 1975); Hairston v. R & R Apartments, 510 F.2d 1090, 1093 (7th Cir. 1975); Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972); Miller v. Amusement Enterprises, Inc., 426 F.2d 534, 539 (5th Cir. 1970).
discussed Cited as authority (rule) Hughes v. Repko
W.D. Pa. · 1977 · confidence medium
In the event you find that the Civil Rights of plaintiffs have been infringed upon, you are entitled to award their attorney fair and reasonable counsel fees (Newman v. *931 Piggie Park Enterprises, 390 U.S. 400, 402 [ 88 S.Ct. 964 , 19 L.Ed.2d 1263 ] (1968); Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971); Crim v. Glover, 338 F.Supp. 823 (S.D.Ohio 1972); Newburn (sic) v. Lake Loreli (sic) Corp., 308 F.Supp. 407 (S.D.Ohio 1968); Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972)." None of the cases cited by plaintiffs’ counsel authorize the jury to award counsel fees, and r…
discussed Cited as authority (rule) Cole v. Hall
E.D.N.Y · 1974 · confidence medium
In Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972), the court noted that “[t]he single question in this case is whether the district court erred in not awarding counsel fees . . . . ” The court held that the failure to award counsel fees did constitute reversible error and, in remanding to the district court for the fixing of fees, stated that “[c]osts in this'court will be taxed to include appellants’ counsel’s fees.” 3 Id. at 853 (Emphasis added.) The determinative factor in awarding counsel fees is whether the services rendered conferred a “substantial benefit on the members …
discussed Cited as authority (rule) Richmond v. Pennsylvania Higher Education Assistance Agency
Pa. Commw. Ct. · 1972 · confidence medium
Richmond is dismissed. 1 Circumstances indicate that, but for reasons of haste, Richmond could have received a transcript of the hearing without charge. 2 Quoting from Knight v. Auciello, 453 F. 2d 852, 853 (1st Cir. 1972) : “The violation of an important public policy may involve little by way of actual damages, so far as a single individual is concerned, or little in comparison with the cost of vindication, as the case at bar illustrates.
cited Cited "see" John Furtado v. Harold Bishop
1st Cir. · 1980 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972) (per curiam).
cited Cited "see" Adams v. Hempstead Heath Co.
E.D.N.Y · 1977 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (C.A. 1 1972); Stevens v. Dobs, Inc., 373 F.Supp. 618 (E.D.N.C.1974).
cited Cited "see" Walker v. Fox
S.D. Ohio · 1975 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Lee v. Southern Home Sites Corporation, 444 F.2d 143 (5th Cir. 1971).
discussed Cited "see" Anthony Souza v. Anthony P. Travisono
1st Cir. · 1975 · signal: see · confidence high
Hoitt v. Vitek, 495 F.2d 219 (1st Cir. 1974); see Knight v. Auceillo, 453 F.2d 852 (1st Cir. 1972); Natural Resources Defense Council, Inc. v. EPA, 484 F.2d 1331 , 1333 (1st Cir. 1973). • As a predicate to its award the district court found that the litigation benefited the plaintiff class and that it furthered the significant public policy reflected in 42 U.S.C. § 1983 .
cited Cited "see" Incarcerated Man of Allen County Jail v. Edward Fair, Sheriff of Allen County
6th Cir. · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (1st Cir. 1973); Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971).
cited Cited "see" Stokes v. Lecce
E.D. Pa. · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (C.A.1, 1972); Lee v. Southern Home Sites Corp., 444 F.2d 143 (C.A.5, 1971).” Id. 429, n. 2, 93 S.Ct. 2202 .
discussed Cited "see" Rural Housing Alliance v. United States Department of Agriculture
D.C. Cir. · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852, 853 (1st Cir. 1972) ; Lee v. Southern Home Sites Corp., 444 F.2d 143, 147 (5th Cir. 1971) (award of attorney’s fees in private discrimination action under 42 U.S.C. § 1982 ).
discussed Cited "see" Bradley v. School Bd. of Richmond
SCOTUS · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F. 2d 852, 853 (CA1 1972) and Lee v. Southern Home Sites Corp., 444 F. 2d 143, 145 (CA5 1971) (housing); Johnson v. Combs, 471 F. 2d, at 86 (schools); Miller v. Amusement Enterprises, Inc., 426 F. 2d 534, 537-538 (CA5 1970) (public accommodation); Cooper v. Allen, 467 F. 2d 836, 841 (CA5 1972) (employment). 28 Since the finality of these orders is not contested, we are not called upon to construe the finality language as it appears in § 718.
discussed Cited "see" Brandenburger v. Thompson
9th Cir. · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971); Cooper v. Allen, 467 F.2d 836 (5th Cir. 1972); Callahan v. Wallace, 466 F.2d 59 (5th Cir. 1972); Donahue v. Staunton, 471 F.2d 475 (7th Cir. 1972).
discussed Cited "see" Brandenburger v. Thompson
9th Cir. · 1974 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971); Cooper v. Allen, 467 F.2d 836 (5th Cir. 1972); Callahan v. Wallace, 466 F.2d 59 (5th Cir. 1972); Donahue v. Staunton, 471 F.2d 475 (7th Cir. 1972).
cited Cited "see" Northcross v. Memphis Board of Education
SCOTUS · 1973 · signal: see · confidence high
See Knight v. Auciello, 453 F. 2d 852 (CA1 1972); Lee v. Southern Home Sites Corp., 444 F. 2d 143 (CA5 1971).
cited Cited "see" Davis v. Robinson
D.R.I. · 1972 · signal: see · confidence high
See Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972).
discussed Cited "see, e.g." In Re DN Associates
Bankr. D. Me. · 1994 · signal: see also · confidence low
See also Natural Resources Defense Counsel, Inc. v. EPA, 484 F.2d 1331 (1st Cir.1973) (fees awards are imposed to punish frivolous or ill-motivated litigation) (citing Knight v. Auciello, 453 F.2d 852 (1st Cir.1972)). 17 .
cited Cited "see, e.g." Milburn v. Huecker
6th Cir. · 1974 · signal: see also · confidence low
See also Knight v. Auciello, 453 F.2d 852 (CA 1 1972); Lee v. Southern Home Sites Corp., 444 F.2d 143 (CA 5 1971).
cited Cited "see, e.g." ca6 1974
6th Cir. · 1974 · signal: see also · confidence low
See also Knight v. Auciello, 453 F.2d 852 (CA 1 1972); Lee v. Southern Home Sites Corp., 444 F.2d 143 (CA 5 1971).
discussed Cited "see, e.g." International Ass'n of Machinists & Aerospace Workers Lodge No. 1194 v. Sargent Industries
N.D. Ohio · 1974 · signal: see also · confidence low
See also, Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Kahan v. Rosenstiel, 424 F.2d 161 (3rd Cir. 1970); Guardian Trust Co. v. Kan sas City Southern Ry., 28 F.2d 233 (8th Cir. 1928), rev’d on other grounds, 281 U.S. 1 , 50 S.Ct. 194 , 74 L.Ed. 659 (1929).
cited Cited "see, e.g." Natural Resources Defense Council, Inc. v. Environmental Protection Agency
1st Cir. · 1973 · signal: see, e.g. · confidence low
See, e. g„ Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Comment, The Allocation of Attorney’s Fees After Mills v. Electric Auto-Lite Co., 38 U.Chi.L.Rev. 316, 317-23 (1971).
cited Cited "see, e.g." ca1 1973
1st Cir. · 1973 · signal: see, e.g. · confidence low
See, e. g., Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Comment, The Allocation of Attorney's Fees After Mills v. Electric Auto-Lite Co., 38 U.Chi.L.Rev. 316, 317-23 (1971).
discussed Cited "see, e.g." Hall v. Cole (2×)
SCOTUS · 1973 · signal: see also · confidence low
See also Knight v. Auciello, 453 F. 2d 852 (CA1 1972); Lee v. Southern Home Sites Corp., 444 F. 2d 143 (CA5 1971).
Owen S. KNIGHT Et Al., Plaintiffs, Appellants,
v.
Rocco AUCIELLO Et Al., Defendants, Appellees
71-1108.
Court of Appeals for the First Circuit.
Jan 17, 1972.
453 F.2d 852
Michael Davidson, New York City, with whom Jack Greenberg, Sylvia Drew, New York City, and Gerald L. Nissenbaum, Somerville, Mass., were on brief, for appellants., Appellees submitted on the original record.
Aldrich, McENTEE, Per Curiam, Wyzanski.
Cited by 94 opinions  |  Published
PER CURIAM.

The single question in this case is whether the district court erred in not awarding plaintiffs counsel fees, in addition to damages, for unlawful racial discrimination by using a knowingly false pretext in refusing to lease an apartment. 42 U.S.C. § 1982. By the time the case had reached trial and plaintiffs had proved their case they already had found another, satisfactory apartment, and hence disclaimed injunc-tive relief. The court awarded $500 by way of general damages, but refused to[*853] tax counsel fees as costs. Plaintiffs appeal.

Possibly broad questions of policy could be presented in a case of this character-whether, for example, color discrimination with relation to housing, section 1982, is to be treated differently from violations of the more general sections 1981 and 1983, and how broad an interpretation is to be given to section 1988. There also may be questions of whether a suit is being prosecuted for the benefit of the individual plaintiff, or whether it may be thought that particular counsel are more concerned with a court decision than with their specific client. Cf. Springfield School Committee v. Barksdale, 1 Cir., 1965, 348 F.2d 261, 265. We will not deal with these questions, beyond making the following observations.

The violation of an important public policy may involve little by way of actual damages, so far as a single individual is concerned, or little in comparison with the cost of vindication, as the case at bar illustrates. If a defendant may feel that the cost of litigation, and, particularly, that the financial circumstances of an injured party may mean that the chances of suit being brought, or continued in the face of opposition, will be small, there will be little brake upon deliberate wrongdoing. In such instances public policy may suggest an award of costs that will remove the burden from the shoulders of the plaintiff seeking to vindicate the public right. We regard this as such a case. [1] See, in general, Newman v. Piggie Park Enterprises, 1968, 390 U.S. 400, 88 S.Ct. 964, 19 L.Ed.2d 1263; Lee v. Southern Home Sites Corp., 5 Cir., 1971, 444 F.2d 143, 147. The judgment denying counsel fees is reversed.

As to the amount of the fee, it might be thought appropriate to compare with the schedule set in the Criminal Justice Act, 18 U.S.C. § 3006A(d), without the maximum limitation, but we leave such matters to the district court. Costs in this court will be taxed to include appellants’ counsel’s fees. Counsel may submit statement. Remanded for further proceedings consistent herewith.

1

. With this compare cases like Caperci v. Huntoon, 1 Cir., 1968, 397 F.2d 799, cert, denied 393 U.S. 940, 89 S.Ct. 299, 21 L.Ed.2d 276, where substantial damages were awarded, and where defendants were not shown to be engaged in a general course of improper conduct, as we would infer in the case at bar. Possibly until the law becomes fully settled in this area, district courts might be advised to make findings of fact in all civil rights cases as to the desirability of counsel fees.