|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-493||Idaho -||Not Argued||Jan 25, 2016||n/a||Per Curiam||OT 2015|
Holding: Under federal law, a court has discretion to “allow the prevailing party, other than the United States, a reasonable attorney’s fee” in a civil rights lawsuit filed under 42 U.S.C. § 1983. Because the Supreme Court has interpreted this to allow a prevailing defendant to recover fees only if “the plaintiff’s action was frivolous, unreasonable, or without foundation,” the Idaho Supreme Court erred when it concluded that it was not bound by this interpretation and awarded fees under federal law to a prevailing defendant without first making this determination.
Judgment: Reversed and remanded in a per curiam opinion on January 25, 2016.
|Date||Proceedings and Orders |
|Oct 15 2015||Petition for a writ of certiorari filed. (Response due November 18, 2015)|
|Oct 27 2015||Waiver of right of respondents City of Boise, Idaho, et al. to respond filed.|
|Nov 9 2015||DISTRIBUTED for Conference of November 24, 2015.|
|Nov 13 2015||Response Requested . (Due December 14, 2015)|
|Dec 9 2015||Brief of respondents City of Boise, Idaho, et al. in opposition filed.|
|Dec 18 2015||Reply of petitioner Melene James filed.|
|Dec 22 2015||DISTRIBUTED for Conference of January 8, 2016.|
|Jan 11 2016||DISTRIBUTED for Conference of January 15, 2016.|
|Jan 19 2016||DISTRIBUTED for Conference of January 22, 2016.|
|Jan 25 2016||Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings not inconsistent with this opinion. Opinion per curiam. (Detached Opinion)|
|Feb 26 2016||Judgment Issued|
|Feb 26 2016||Mandate Issued|
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