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James v. City of Boise

Docket No.15-493
Op. BelowIdaho

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, n/a on Jan 25, 2016.

Proceedings & orders timeline

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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