N.A.A.C.P. v. Wilmington Medical Center, Inc., No. 82-1072

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtSLOVITER and BECKER, Circuit Judges and POLLAK; GIBBONS
Citation693 F.2d 22
Decision Date08 November 1982
Docket NumberNo. 82-1072
PartiesNATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Puerto Rican Civil Rights League, Inc., Older Americans Coalition, Wilmington United Neighborhoods, Brandywine Trinity Methodist Church, on behalf of their members and others similarly situated, and Raymond W. Brown, Marcia Glaindez, for herself and as parent and guardian for her minor children, Reynaldo Galindez and Pedro Galindez, Milagro Quinones, Denise Smokes, on behalf of themselves and others similarly situated; and City of Wilmington, a municipal corporation, Appellants, v. The WILMINGTON MEDICAL CENTER, INC. and Crawford H. Greenwalt, as Chairman of the Board of Trustees, and Joseph A. Dallas, as Chairman of the Board of Directors.

Page 22

693 F.2d 22
NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE,
Puerto Rican Civil Rights League, Inc., Older Americans
Coalition, Wilmington United Neighborhoods, Brandywine
Trinity Methodist Church, on behalf of their members and
others similarly situated, and Raymond W. Brown, Marcia
Glaindez, for herself and as parent and guardian for her
minor children, Reynaldo Galindez and Pedro Galindez,
Milagro Quinones, Denise Smokes, on behalf of themselves and
others similarly situated; and City of Wilmington, a
municipal corporation, Appellants,
v.
The WILMINGTON MEDICAL CENTER, INC. and Crawford H.
Greenwalt, as Chairman of the Board of Trustees,
and Joseph A. Dallas, as Chairman of the
Board of Directors.
No. 82-1072.
United States Court of Appeals,
Third Circuit.
Nov. 8, 1982.

Before ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM,

Page 23

SLOVITER and BECKER, Circuit Judges and POLLAK, District Judge. *
SUR PETITION FOR REHEARING

GIBBONS, Circuit Judge.

The petition for rehearing, 689 F.2d 1161, filed by appellees in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

Statement by Circuit Judge ADAMS sur denial of the petition for rehearing, with whom Circuit Judges WEIS and GARTH join:

In Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975), the Supreme Court made it clear that a federal court cannot award a counsel fee absent specific statutory authorization. In response to this holding, Congress enacted the Civil Rights Attorney's Fee Award Act, 42 U.S.C. Sec. 1988, which provides "that the federal court, in its discretion, may allow the prevailing party a reasonable attorney's fee" in various civil rights cases.

The legislative history of the Fee Award Act indicates that "parties may be considered to have prevailed when they have vindicated rights through a consent judgment or without formally obtaining relief." Thus, a litigant may be considered to be a prevailing party if the law suit successfully terminates by a consent decree, an out-of-court settlement, a voluntary cessation of an unlawful practice by the defendant, or some other disposition of the case...

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5 practice notes
  • N. A. A. C. P. v. Wilmington Medical Center, Inc., No. 82-1072
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 8 Noviembre 1982
    ...Circuit. Submitted July 29, 1982. Decided Sept. 20, 1982. As Amended Sept. 29, 1982. Opinion on Denial of Rehearing Nov. 8, 1982. See 693 F.2d 22. Page Alan W. Houseman, Marilyn G. Rose, Washington, D.C., Douglas Shachtman, Wilmington, Del., for appellants. William J. Wade, Richards, Layton......
  • Niagara Mohawk Power Corp. v. Consolidated Rail, No. 5:98-CV-1039.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 6 Noviembre 2003
    ...entitled to relief. NiaMo has not shown that there are no sets of facts which, if proven, would entitle defendants to relief. See Wade, 693 F.2d at 22. Thus, the counterclaims brought pursuant to the Navigation Law will not be Chevron cross moves in the alternative to amend its complaint, i......
  • Meyer v. Oppenheimer Management Corp., No. 920
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 30 Mayo 1985
    ...appellees' motion to dismiss. Dismissal of a complaint for failure to state a claim is a "drastic step," Johnson Controls, supra, 693 F.2d at 22, which must not be taken " 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitl......
  • Hudson v. Sullivan, Civ. A. No. 85-2637.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • 25 Noviembre 1991
    ...definition" of such causation. N.A.A.C.P. v. Wilmington Medical Center, Inc., 689 F.2d 1161, 1169 (3d Cir.1982), rehearing denied, 693 F.2d 22 (3rd Cir.1982), cert. denied, 460 U.S. 1052, 103 S.Ct. 1499, 75 L.Ed.2d 930 In the present case, the ALJ awarded Hudson disabled widow's benefits, e......
  • Request a trial to view additional results
5 cases
  • N. A. A. C. P. v. Wilmington Medical Center, Inc., No. 82-1072
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 8 Noviembre 1982
    ...Circuit. Submitted July 29, 1982. Decided Sept. 20, 1982. As Amended Sept. 29, 1982. Opinion on Denial of Rehearing Nov. 8, 1982. See 693 F.2d 22. Page Alan W. Houseman, Marilyn G. Rose, Washington, D.C., Douglas Shachtman, Wilmington, Del., for appellants. William J. Wade, Richards, Layton......
  • Niagara Mohawk Power Corp. v. Consolidated Rail, No. 5:98-CV-1039.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 6 Noviembre 2003
    ...entitled to relief. NiaMo has not shown that there are no sets of facts which, if proven, would entitle defendants to relief. See Wade, 693 F.2d at 22. Thus, the counterclaims brought pursuant to the Navigation Law will not be Chevron cross moves in the alternative to amend its complaint, i......
  • Meyer v. Oppenheimer Management Corp., No. 920
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 30 Mayo 1985
    ...appellees' motion to dismiss. Dismissal of a complaint for failure to state a claim is a "drastic step," Johnson Controls, supra, 693 F.2d at 22, which must not be taken " 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitl......
  • Hudson v. Sullivan, Civ. A. No. 85-2637.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • 25 Noviembre 1991
    ...definition" of such causation. N.A.A.C.P. v. Wilmington Medical Center, Inc., 689 F.2d 1161, 1169 (3d Cir.1982), rehearing denied, 693 F.2d 22 (3rd Cir.1982), cert. denied, 460 U.S. 1052, 103 S.Ct. 1499, 75 L.Ed.2d 930 In the present case, the ALJ awarded Hudson disabled widow's benefits, e......
  • Request a trial to view additional results

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