May a court, in determining post-judgment fee entitlement under 42U.S.C. § 1988 in a case in which only injunctive relief is sought, approve a coerced waiver of all attorneys fees sought by defense counsel on the eve of trial as a condition of providing relief on the merits through a consent decree?
INTEREST OF AMICI
Amici are public interest law organizations that have substantial experience in the litigation of civil rights cases subject to various statutes providing for awards of attorneys fees, particularly the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988. We have been involved in many cases, either as counsel for parties or as amicus curiae, which have established basic standards for awarding fees.
Our interest in the issues presented by this case is two-fold. First, we depend on donated services of attorneys in the private bar to assist us in con-ducting litigation. In our experience, the potential for fee awards to prevailing parties in such litigation has increased the willingness of the private bar to participate in civil rights cases. The extent that fees and costs become unavailable even when the party receiving pro bono representation prevails, the availability of donated services will decrease.
Stephen M. Nickelsburg, Adam C. Goldstein, Emily Maw, and Keith Nordyke∞ By ruling in January that “Miller announced a substantive rule that is retroactive,” the Supreme Court ensured that individuals previously sentenced to mandatory life without parole for crimes
Amici are teachers in New York law schools who have studied the operation of the death penalty for the purpose of teaching the subject, writing about it in scholarly journals, or representing persons accused or convicted of capital crimes. Most
Although estoppel has not previously been applied when the "family that [the child] knows it to be" is a lesbian family, amici urge this court to uphold the trial court's application of the doctrine to protect children in planned lesbian
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.