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10-15-1984 Council Packet
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10-15-1984 Council Packet
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able relief. 649 F.2d at 521. The Seventh Circuit concluded <br />that such a construction would contradict the unqualified <br />language of 51988. <br />Section 1988 explicitly extends to all 51983 actions, <br />without regard to the number of plaintiffs or type of <br />relief sought. Citations oeitted. A prevailing <br />plaintiff in a 51983 action "shaild receive fees almost <br />as a matter of course," Davis v. NurPhy, 587 F.2d 362, <br />364 (7th Cir. 1978), unless e � spl eircumstances render <br />surh an award unjust. <br />Busche v. Burkee, 649 F.2d at 521 (emphasis added). Further, in <br />Ronczak v. Tyrrell, 603 F.2d 13, 19 (7th Cir. 1979), the Seventh <br />Circuit specifically rejected a defendant's claim that plaintiffs <br />should receive no attorney's fees because their lawsuit <br />vindicated a private,.rather than a public, interest. <br />The First Circuit has also rejected the notion that a <br />plaintiff must further a public interest to be entitled to his <br />reasonable attorney's fees under S1988. indeed, in support of <br />this conclusion the First Circuit quoted Zarcone V. Perry, 58. <br />F.2d 1039 (2d Cir. 1978), cert. denied, 439 U.S. 1072 (1979), a <br />case heavily relied upon by the City herein. See City's Reply <br />Brief at 22-23. <br />(T]he Second Circuit, in rejecting the district court's <br />reasoning in Zarcone, noted "that in authorizing awards <br />of attorneys' fees to plaintiffs in civil righ�s actions <br />Congress was concerned with enforcement not o ', of the <br />civil rights of the public at large and of '.':ntifiable <br />—oups but also with the ri hts of indly idual lain- <br />fs. Its goa was to remove financial impe invents <br />•might preclude or hinder 'private citizens,' <br />c.ilectively or individuall}. from being 'able to assert <br />their civil rights,' senate Report at p. 2, U.S. Code <br />Cong. a Admin. News 1976, l• 5910. . We therefor• <br />rejec+ the view that, to be eligible for shifting of <br />attorneys' fees, the civi' I ghts plaintiff is obligated <br />
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