Ollice Davis, Sr. v. Thomas J. Mills, Etc.

Eleventh Circuit

Ollice Davis, Sr. v. Thomas J. Mills, Etc.

777 F.2d 1524, 1985 U.S. App. LEXIS 25211

CourtCourt of Appeals for the Eleventh Circuit

DecidedDecember 12, 1985

Docket85-5036

StatusPublished

Cited by1 cases

This text of 777 F.2d 1524 (Ollice Davis, Sr. v. Thomas J. Mills, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ollice Davis, Sr. v. Thomas J. Mills, Etc., 777 F.2d 1524, 1985 U.S. App. LEXIS 25211 (11th Cir. 1985).

Pincite

Opinion

PER CURIAM:

This is an appeal from an award of attorney’s fees under 42 U.S.C. § 1988 to a prevailing defendant in a civil rights case. Without making specific findings, the district court granted $10,000 attorney’s fees plus $564.80 in costs to the defendant school board. The plaintiff now appeals.

Christiansburg Garment Co. v. E.E.O.C., 434 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978), provides:

[A] plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.

The trial court’s failure to make the specific findings required by the Christiansburg rule for award of attorney’s fees to a prevailing defendant necessitates our vacation of its award. The case will be REMANDED to the district court for further proceedings including a hearing. We express no opinion as to whether fees should or should not be awarded to this defendant.

VACATED and REMANDED.

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