Kinney v. Rothchild’s Empirical Analysis
678 F.2d 658 · 1982
Citation profile
5 federal appellate · 1 state decisions
Relationships
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1988 · 42 U.S.C. § 3601 (§ 801 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968))
Relies on Pennhurst State School & Hospital v. Halderman · Briggs v. Connecticut · Northcross v. Board of Education · Johnson v. Snyder
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose of Section 1988 is to encourage lawyers to accept civil rights cases in which damages may be small, nominal or nonexistent. Northcross has the effect of guaranteeing that a lawyer will be awarded fees for all of his hours reasonably spent in presenting the issues on which his side prevailed. Greatly reduced fees, such as were awarded in this case, will discourage lawyers from accepting housing discrimination cases and vindicating the rights Congress had in mind. Another reason for following Northcross is the need for consistency in determining attorney fees.”
1 later decision quote this exact passage · from the majoritye.g. Bryant v. TRW, Inc.
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.