Alioto v. Williams
| Decision Date | 23 March 1981 |
| Docket Number | No. 80-653,80-653 |
| Citation | 68 L.Ed.2d 213,101 S.Ct. 1723,450 U.S. 1012 |
| Parties | Joseph L. ALIOTO et al. v. Joseph B. WILLIAMS et al |
| Court | U.S. Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for a writ of certiorari is denied.
This case presents the question whether attorney's fees may be awarded under 42 U.S.C. § 1988 to plaintiffs in a civil rights action who obtain a preliminary injunction against a city when the city is later denied the right to appeal the issuance of the injunction because of mootness. In my view, the award of attorney's fees in such a situation is not authorized by any statute, and I dissent from the denial of the petition for a writ of certiorari.
Respondents brought this action under 42 U.S.C. §§ 1981 and 1983 against officials of the city of San Francisco and its police department challenging certain police practices which took place in April 1974 during what became known as "Operation Zebra." Beginning in late 1973, a series of vicious random killings and attempted killings took place on the streets of San Francisco. These murders became known as the "Zebra" killings. Between December 1973 and April 1974, 12 persons were murdered and 6 others were wounded. The police department of San Francisco responded to this violence by initiating a special investigatorial procedure known as "Operation Zebra" to attempt to identify and capture the killers. Police directives and memoranda authorized officers to stop and frisk black males resembling two composite drawings and having described physical characteristics. Over 600 persons were stopped and "pat searched" in the course of the operation.
Respondents brought two separate actions seeking declaratory and injunctive relief on behalf of black males who were stopped or were subject to being stopped pursuant to Opera- tion Zebra practices. The District Court preliminarily enjoined the police procedure and also concluded that respondents were entitled to attorney's fees. Petitioners appealed the entry of the preliminary injunction but before the appeal was heard the Zebra killers were apprehended, convicted, and sentenced. The police investigation of the Zebra killings having ceased, the Court of Appeals dismissed the appeal as moot and the judgment of the District Court was vacated. Williams v. Alioto, 549 F.2d 136 (CA9 1977). Subsequently, the District Court entered an order awarding respondents a total of $45,000 in attorney's fees. The Court of Appeals affirmed that order, finding that 625 F.2d 845, 847 (1980).
In my view, an award of attorney's fees under these circumstances is not authorized by 42 U.S.C. § 1988. That section provides in pertinent part:
"In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, . . . the court, in its discretion, may allow the prevailing pa...
To continue reading
Request your trial
-
Maria P. v. Riles
...Cir. 1985) 773 F.2d 1145, 1148-1149 (en banc); Williams v. Alioto (9th Cir.1980) 625 F.2d 845, 847-848, cert. den. (1981) 450 U.S. 1012, 101 S.Ct. 1723, 68 L.Ed.2d 213; Bagby v. Beal (3d Cir.1979) 606 F.2d 411, 413-415.) Since both this court and the Legislature have relied on federal cases......
-
People Organized for Welfare and Employment Rights (P.O.W.E.R.) v. Thompson
...See, e.g., Bishop, supra, 686 F.2d at 1290; Williams v. Alioto, 625 F.2d 845, 847-48 (9th Cir.1980), cert. denied, 450 U.S. 1012, 101 S.Ct. 1723, 68 L.Ed.2d 213 (1981); Doe v. Marshall, supra, 622 F.2d at 118; Bagby, supra, 606 F.2d at 414-15. Furthermore, particularly where the district co......
-
Bishop v. Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n
...----, 102 S.Ct. 1437, 71 L.Ed.2d 654 (1982); Williams v. Alioto, 625 F.2d 845, 847-48 (9th Cir. 1980), cert. denied, 450 U.S. 1012, 101 S.Ct. 1723, 68 L.Ed.2d 213 (1981); Doe v. Marshall, 622 F.2d 118, 120 (5th Cir. 1980), cert. denied, 451 U.S. 993, 101 S.Ct. 2336, 68 L.Ed.2d 855 (1981). I......
-
N. A. A. C. P. v. Wilmington Medical Center, Inc.
...merits, and grants relief, albeit temporarily. E.g., Williams v. Alioto, 625 F.2d 845 (9th Cir. 1980), cert. denied, 450 U.S. 1012, 101 S.Ct. 1723, 68 L.Ed.2d 213 (1981); Doe v. Marshall, 622 F.2d 118 (5th Cir. 1980), cert. denied, 451 U.S. 993, 101 S.Ct. 2336, 68 L.Ed.2d 855 (1981); Irania......