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

> Court of Appeals for the Fifth Circuit · September 17, 1991 · 941 F.2d 1311

URL: https://www.frixlaw.com/law-library/cases/9481968

## Case

- **Full name:** ESTATE OF Joseph D. FARRAR and Dale Lawson Farrar, Plaintiffs-Appellees, v. Clarence D. CAIN, Et Al., Defendants, and William P. Hobby, Jr., Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 17, 1991
- **Citations:** 941 F.2d 1311; 1991 U.S. App. LEXIS 21730; 1991 WL 165674
- **Precedential status:** Published
- **Opinion:** Dissent by Reavley
- **Judges:** Reavley, Higginbotham, Duhé
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9481968

## How later opinions describe it (automated extraction)

- declining to award attorney's fees

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481968. Public record. Not legal advice.