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NEW YORK ASS'N FOR RETARDED CHILD. v. CAREY

No. 484, Docket 82-7531.

711 F.2d 1136 (1983)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al., Plaintiffs-Appellees, v. Hugh L. CAREY, Individually and as Governor of the State of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 15, 1983.

Attorney(s) appearing for the Case

Frederick K. Mehlman, Asst. Atty. Gen., New York City (George D. Zuckerman, Asst. Sol. Gen., Frederic L. Lieberman, Asst. Atty. Gen., New York City, on the brief), for defendants-appellants.

John E. Kirklin, New York City (Archibald R. Murray, Kalman Finkel, The Legal Aid Soc., Christopher A. Hansen, N.Y. Civil Liberties Union, New York City, on the brief), for plaintiffs-appellees.

Before FRIENDLY and NEWMAN, Circuit Judges, and WYZANSKI, District Judge.

NEWMAN, Circuit Judge:

The "American Rule" that each party to a lawsuit bears its own attorney's fees has been substantially modified by some 120 Congressional enactments that permit a prevailing party in specified types of litigation to recover attorney's fees from its adversary. In 1976, Congress added a new provision that authorizes fees to prevailing parties in civil rights cases. Civil Rights Attorney's Fees Awards Act of 1976, Pub.L. No. 94-559, 90 Stat. 2641...

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