Paris v. U.S. Dept.

CourtCourt of Appeals for the First Circuit
DecidedMarch 4, 1993
Docket92-1763
StatusPublished

This text of Paris v. U.S. Dept. (Paris v. U.S. Dept.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paris v. U.S. Dept., (1st Cir. 1993).

Opinion

USCA1 Opinion


March 4, 1993 UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 92-1763

ANTONIA PARIS, ET AL.,

Plaintiffs-Appellants,

v.

U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, ET AL.,

Defendants-Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ernest C. Torres, U.S. District Judge]
___________________

____________________

Before

Torruella, Circuit Judge,
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Bownes, Senior Circuit Judge,
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and Stahl, Circuit Judge.
_____________

_____________________

John W. Dineen, with whom Yesser, Jessup & Green, was on
______________ _______________________
brief for appellants.
Herbert E. Forrest, Federal Programs Branch, Civil Division,
__________________
Department of Justice, with whom Stuart M. Gerson, Assistant
_________________
Attorney General, Lincoln C. Almond, United States Attorney and
_________________
William G. Kanter, Attorney, Appellate Staff, were on brief for
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appellee U.S. Department of Housing and Urban Development.
Nora J. Mann, with whom Leigh A. McLaughlin and Gilman,
_____________ _____________________ _______
McLaughlin & Hanrahan, were on brief for appellee Corcoran
_______________________
Management Co., Inc.
____________________

March 4, 1993
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TORRUELLA, Circuit Judge. This case requires that we
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decide whether a party who loses on the only litigated claim, but

achieves the relief sought as a result of intervening

congressional action prior to a ruling by the district court on

the remaining grounds in the complaint, can nevertheless recover

attorney's fees. We hold that, in appropriate cases, the

district court may award attorney's fees. Because we find this

to be such a case, we reverse the district court ruling to the

contrary, and remand for action consistent with this opinion.

I

BACKGROUND1
BACKGROUND
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Appellants, a group of very low income families,

challenged a tenant selection scheme at the Chad Brown public

housing project in Providence, Rhode Island. In the late 1970s,

the Department of Housing and Urban Development ("HUD") and the

Providence Housing Authority ("PHA") hired Corcoran Management

Co., Inc. ("Corcoran") to supervise the modernization of the

project. In order to achieve an economic mix of tenants,

Corcoran, with HUD's approval, attempted to implement a plan that

would skip-over very low income families on the waiting list and

settle higher income families first.

In 1986, appellants sought declaratory and injunctive

relief against both HUD and Corcoran. The complaint alleged that

HUD's adoption of the income mixing scheme violated the United

States Housing Act of 1937 ("Housing Act"), 42 U.S.C. 1437 et
__

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1 The facts underlying this case are detailed at Paris v. Dept.
_____ _____
of Housing & Urban Development, 843 F.2d 561 (1st Cir. 1988)
________________________________
("Paris I").
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seq. (Supp. 1992); the Fair Housing Act, 42 U.S.C. 3601 et seq.
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(1977 & Supp. 1992); and the Due Process and Equal Protection

Clauses of the Constitution of the United States. Appellants

also brought a claim against Corcoran under 42 U.S.C. 1983 for

violation of their civil rights on the same statutory and

constitutional grounds. The district court granted a preliminary

injunction based on the Housing Act claim. We reversed,

expressly leaving the other issues open for resolution by the

district court. Paris I, 843 F.2d at 574 n.20.
_______

In the summer of 1988, Congress passed the Stewart B.

McKinney Homeless Assistance Amendments Act of 1988. This law

prohibited public housing agencies from by-passing the order of

the waiting list for the purpose of assisting higher income

families first.2 The Conference Report stated that, "[w]hile the

conferees affirm the principle of income mix in assisted housing

projects, this amendment (which is necessary in light of the
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decision in Paris v. HUD, 843 F.2d 561) makes it clear that lower
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income families on a waiting list may not be skipped over in

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2 The act provided in relevant part:

Sec. 1001. Income Eligibility for
Assisted Housing. (b) CLARIFICATION.--
Section 6(c)(4)(A) of the United States
Housing Act of 1987 (42 U.S.C.

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