Perez v. Westchester County Department of Corrections

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that successful state law claim not entitled to recover attorney’s fees even when accompanied by successful § 1983 claim
• holding that stipulated settlement providing for dismissal of lawsuit “[u]pon the Court’s approval and entry of this Stipulation and Order” satisfied Buckhannon requirements for award of attorney’s fees
• noting that the district judge “made it clear that he felt the law was on Plaintiffs’ side” and “extensively probed” contrary legal arguments
• concluding plaintiffs were prevailing party when dismissal order “explicitly incorporate[d] the terms of [the] settlement [agreement]”
• noting that although Buckhannon rejected the “catalyst theory” 11 generally for prevailing party statutes, the Supreme Court “did not suggest that one of these two conditions [ (a merits decision or consent decree) ] was necessary for a party to prevail”
• remanding “to determine a reasonable fee award” for time prevailing plaintiff “spent defending their award on appeal”

Source: CourtListener parenthetical corpus (CC0).