412 U.S. 427 (1973), 72-1164, Northcross v. Board of Education of Memphis City Schools

Docket NºNo. 72-1164
Citation412 U.S. 427, 93 S.Ct. 2201, 37 L.Ed.2d 48
Party NameNorthcross v. Board of Education of Memphis City Schools
Case DateJune 04, 1973
CourtUnited States Supreme Court

Page 427

412 U.S. 427 (1973)

93 S.Ct. 2201, 37 L.Ed.2d 48

Northcross

v.

Board of Education of Memphis City Schools

No. 72-1164

United States Supreme Court

June 4, 1973

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Since the Court of Appeals' denial of costs and attorneys' fees under § 718 of the Emergency School Aid Act of 1972 to petitioners, who were successful in litigation aimed at desegregating the public schools of Memphis, Tenn., was without stated reasons, this Court cannot determine whether the proper standard, Newman v. Piggie Park Enterprises Inc., 390 U.S. 400, was correctly applied.

Certiorari granted; vacated and remanded.

Per curiam opinion.

PER CURIAM.

This case presents the question of the propriety, under § 718 of the Emergency School Aid Act of 1972, 86 Stat. 369, 20 U.S.C. § 1617, of a denial of attorneys' fees to the successful plaintiffs in this litigation aimed at desegregating the public schools of Memphis, Tennessee. Section 718, which became effective on July 1, 1972, provides that,

[u]pon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof),

in any action seeking to redress illegal or unconstitutional discrimination with respect to

elementary and secondary education, the court, in its discretion, upon a finding that the proceedings were necessary to bring about compliance, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.

In this case, the United States Court of Appeals for the Sixth Circuit denied petitioners' motion for an award of attorneys' fees. The Court of Appeals [93 S.Ct. 2202] did not, however, state reasons for the denial, and it is therefore not possible for this

Page 428

Court to determine whether the Court of Appeals applied the proper standard in reaching this result.1

Section 718 tracks the wording of § 204(b) of the Civil Rights Act of 1964, 78 Stat. 244, 42 U.S.C. § 2000a-3(b), which provides that, in an action seeking to enforce Title II of that Act, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. . . ." In Newman v. Piggie Park Enterprises Inc., 390 U.S. 400 (1968), we held that, under § 204(b),

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287 practice notes
  • Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption
    • United States
    • Federal Contract Compliance Programs Office
    • Invalid date
    ...is a ``strong indication that the two statutes should be interpreted pari passu.'' Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam). OFCCP generally interprets the nondiscrimination provisions of Executive Order 11246 consistent with the principles of T......
  • Federal Law Protections for Religious Liberty
    • United States
    • Federal Register October 26, 2017
    • October 26, 2017
    ...statute is ``strong indication that the two statutes should be interpreted pari passu.'' Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427 (1973) (per curiam); see also Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich L.P.A., 559 U.S. 573, 590 (2010). It is also consisten......
  • Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982 (STAA), as Amended
    • United States
    • Federal Register July 27, 2012
    • July 27, 2012
    ...language in STAA, as well as in other OSHA whistleblower statutes. See Northcross v. Board of Education of the Memphis City Schools, 412 U.S. 427, 427-28 (1973) (statutes in pari materia should be construed similarly). Specifically, Congress's intent in passing the whistleblower provision o......
  • 151 B.R. 412 (Bkrtcy.W.D.Mich. 1993), GK91-81542, In re Hall
    • United States
    • Federal Cases United States Bankruptcy Courts Sixth Circuit
    • February 18, 1993
    ...capable of coexistence, each must be interpreted to give effect to both statutes); Northcross v. Board of Educ. of Memphis City Schools, 412 U.S. 427, 428, 93 S.Ct. 2201, 2202, 37 L.Ed.2d 48 (1973) (statutes containing similar language and sharing common effect should be interpreted pari pa......
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280 cases
  • 151 B.R. 412 (Bkrtcy.W.D.Mich. 1993), GK91-81542, In re Hall
    • United States
    • Federal Cases United States Bankruptcy Courts Sixth Circuit
    • February 18, 1993
    ...capable of coexistence, each must be interpreted to give effect to both statutes); Northcross v. Board of Educ. of Memphis City Schools, 412 U.S. 427, 428, 93 S.Ct. 2201, 2202, 37 L.Ed.2d 48 (1973) (statutes containing similar language and sharing common effect should be interpreted pari pa......
  • 547 F.3d 1319 (11th Cir. 2008), 06-15514, Kenny A. ex rel. Winn v. Perdue
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • November 5, 2008
    ...“ that similar attorney's fee provisions should be interpreted pari passu " ); Northcross v. Bd. of Educ. of Memphis City Schs., 412 U.S. 427, 428, 93 S.Ct. 2201, 2202, 37 L.Ed.2d 48 (1973) (noting that “ [t]he similarity of language" in two fee-shifting statutes “ is, of course, ......
  • 473 U.S. 1 (1985), 83-1437, Marek v. Chesney
    • United States
    • Federal Cases United States Supreme Court
    • June 27, 1985
    ...2. [45] H.R.Rep. No. 94-1558, at 6; S.Rep. No. 94-1011, at 4-5 (emphasis added). See generally Northcross v. Memphis Board of Education, 412 U.S. 427, 428 (1973) (per curiam); Newman v. Piggie Park Enterprises Inc., 390 U.S. 400, 401-402 (1968) (per [46] Hensley v. Eckerhart, 461 U.S. at 43......
  • 539 F.Supp. 730 (D.Colo. 1982), Civ. A. 77-K-1093, Ramos v. Lamm
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • March 17, 1982
    ...The Supreme Court has stated that civil rights plaintiffs are ordinarily entitled to attorney fees. Northcross v. Board of Education, 412 U.S. 427, 93 S.Ct. 2201, 37 L.Ed.2d 48 (1973) (per curiam); Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 126......
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4 books & journal articles
  • Through the looking glass and beyond: the future of disparate impact doctrine under Title VIII.
    • United States
    • Case Western Reserve Law Review Vol. 61 Nbr. 2, December 2010
    • December 22, 2010
    ...under the ADEA). (46) 544 U.S. 228 (2005). (47) Id. at 240. (48) Id. at 233 (quoting Northcross v. Bd. of Ed. of Memphis City Schs., 412 U.S. 427, 428 (1973) (per curiam)). (49) Id. at 234. (50) Id. at 235. (51) Id. (citing Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 991 (1988)). T......
  • Request Denied: Retaliation Under Title VII for a Request for Religious Accommodation.
    • United States
    • Missouri Law Review Vol. 85 Nbr. 1, January 2020
    • January 1, 2020
    ...(129.) Cossette v. Minn. Power & Light, 188 F.3d 964, 972 (8th Cir. 1999). (130.) Northcross v. Bd. of Ed. of Memphis City Sch., 412 U.S. 427, 428 (1973) (finding two acts with similar language with the same goal to be a strong indication that the acts should read side by side). This is......
  • Case summaries.
    • United States
    • Environmental Law Vol. 40 Nbr. 3, June 2010
    • June 22, 2010
    ...E.g., Christiansburg Garment Co. v. Equal Employment Opportunity Comm'n, 434 U.S. 412, 417 (1978) (Title VII); Northcross v. Bd, of Educ., 412 U.S. 427, 428 (1973) (Emergency School Aid Act, 20 U.S.C. [section] 1617); Smith v. CMTA-IAM Pension Trust, 746 F.2d 587, 589 (9th Cir. 1984) (Emplo......
  • Bankruptcy's gray area: are bankruptcy courts 'courts of the United States'?
    • United States
    • Notre Dame Law Review Vol. 92 Nbr. 4, April - April 2017
    • April 1, 2017
    ...(citing Smith v. City of Jackson, 544 U.S. 228, 233 (2005) (plurality opinion))); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam); see also Eig, supra note 108, at 14-15 (noting that in the past the Supreme Court has endorsed a "broad [ ] 'establi......
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