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April 23, 2017

Appellate Memorandum Opinion Awarding Federal Civil Rights Attorney’s Fees Where Substantial Constitutional Question is Involved and Arises Out of Common Nucleaus of Operative Facts as State Claim.


Appellate Memorandum Opinion Awarding Federal Civil Rights Attorney’s Fees Where Substantial Constitutional Question is Involved and Arises Out of Common Nucleaus of Operative Facts as State Claim.

Where pleading clearly alleged a federal constitutional claim under the Due Process Clause and 42 U.S.C. § 1983, although the court did not reach the federal constitutional claim because it ruled for plaintiffs on state grounds, the claim was not “ ‘wholly insubstantial,’ ‘obviously frivolous’ or ‘obviously without merit’ ” (Thomasel, 78 N.Y.2d at 569, 578 N.Y.S.2d 110, 585 N.E.2d 359). Attorney’s fees should be awarded to Plaintiff as the prevailing party because the federal constitutional claim arose “out of a common nucleus of operative fact as the State claim,” and defendants did not assert or establish—nor did the court find—that

“special circumstances” exist that would render an award of attorney’s fees unjust.

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One Comment
  1. Seems fair enough for now, but come 7 yea1 or so down the line when this generation of co1oles is still gunning along, 720p may seem a bit paltry?

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