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THOMAS v. GLADSTONE

No. 130, September Term, 2004.

874 A.2d 434 (2005)

386 Md. 693

Dewitt Lavon THOMAS, et al. v. Keith GLADSTONE.

Court of Appeals of Maryland.

May 11, 2005.

Attorney(s) appearing for the Case

Claudia Barber, Laurel, for appellants.

William R. Phelan, Jr., Principal Counsel (Ralph S. Tyler, City Solicitor, on brief), for appellee.

Argued before BELL, C.J., RAKER, WILNER, HARRELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

WILNER, J.

The question before us is whether a plaintiff who (1) sues to recover damages for conduct that might, if properly pled, raise a claim under 42 U.S.C. § 1983, but, (2) fails to plead such a claim, may nonetheless recover attorneys' fees under 42 U.S.C. § 1988(b) if he/she prevails on a State law claim for which an award of attorneys' fees is otherwise not permitted. The answer is "no."

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