Jiovon Anonymous v. City of Rochester

Prevailing plaintiffs post-argument memorandum of law on their status as "prevailing parties" in support of their application for civil rights attorneys fees pursuant to 42 USC 1983 and 1988

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Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses mootness and the requirement that before he may be considered a "prevailing party" under the civil rights attorney's fee statute (42 USC 1983 & 1988), a civil rights plaintiff must succeed in materially altering the legal relationship between himself and the government in a way that actually impacts the plaintiff. See Rhodes v. Stewart, 488 U.S. 1 (1988).

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Published In: Civil Rights Updates

Reference Info:State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Burger, Santiago Burger Annechino LLP | Attorney Advertising

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