Opinion

Estate of Joseph D. Farrar and Dale Lawson Farrar v. Clarence D. Cain, and William P. Hobby, Jr.

  • 941 F.2d 1311
  • 1991 U.S. App. LEXIS 21730
  • 1991 WL 165674
Court
Court of Appeals for the Fifth Circuit
Filed
Sep 17, 1991
Status
Published
Author
Reavley
On the bench
Reavley, Higginbotham, Duhé
Cited by
47 cases

nominal damage award represents de minimis success where sole purpose of lawsuit was recovery of damages

How later courts described this case

  • nominal damage award represents de minimis success where sole purpose of lawsuit was recovery of damages
  • requiring that a plaintiff must prove “an actual deprivation of a constitutional right”
  • where sole purpose of lawsuit was to recover damages
  • denying recovery of fees after one-dollar judgment

Written by the judges who cited it.

Distinguished

  • Distinguished by Romberg v. Nichols, 970 F.2d 512 (1992)

    We believe Farrar, which rested on the assumption that "the sole object of [the] suit [was] to recover money damages," id. at 1315, is distinguishable on that basis.
    Court of Appeals for the Ninth CircuitJul 7, 1992Read it
  • Distinguished by Romberg v. Nichols, 953 F.2d 1152 (1992)

    We believe Farrar, which rested on the assumption that "the sole object of [the] suit [was] to recover money damages," id. at 1315, is distinguishable on that basis.
    Court of Appeals for the Ninth CircuitFeb 20, 1992Read it
  • Distinguished by Romberg v. Nichols, 953 F.2d 1152 (1992)

    We believe Farrar, which rested on the assumption that “the sole object of [the] suit [was] to recover money damages,” id. at 1315, is distinguishable on that basis.
    Court of Appeals for the Ninth CircuitJan 13, 19922 citing opinionsRead it

The opinion

REAVLEY, Circuit Judge,

dissenting:

While I have difficulty understanding the justification for the finding that Governor Hobby violated plaintiffs’ civil rights, that issue has been foreclosed. The majority holds that where plaintiff obtains only nominal damages for his constitutional deprivation, he cannot be considered the prevailing party. I disagree and do not read Hewitt, Rhodes and Garland to go so far. The plaintiffs prevailed in their claim although the amount of their benefit was only nominal. I do not regard that result as insignificant. I would, however, order reconsideration of the amount of the fee under these circumstances.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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