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COUNTY EXEC., PRINCE GEO'S CTY. v. DOE

No. 140, September Term, 1982.

300 Md. 445 (1984)

479 A.2d 352

COUNTY EXECUTIVE OF PRINCE GEORGE'S COUNTY ET AL. v. JANE DOE ET AL.

Court of Appeals of Maryland.

August 20, 1984.

Attorney(s) appearing for the Case

Michael P. DeGeorge, Associate County Atty., and by Robert B. Ostrom, County Atty., Upper Marlboro (Michael O. Connaughton, Deputy County Atty., Upper Marlboro, on brief), for appellants.

Stephen A. Friedman, Hyattsville (Smith, Joseph, Greenwald & Laake, Hyattsville, and Carla S. Rappaport, Washington, D.C., on brief), for appellees.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

ELDRIDGE, Judge.

The issue in this case concerns the circumstances under which a Maryland court may award an attorney's fee under 42 U.S.C. § 1988 when a party, in seeking particular relief, relies both on state law, under which an award of an attorney's fee is not authorized, and on a federal statute, where an attorney's fee is recoverable under § 1988, and prevails upon the state law ground.1

I.

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