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EL CLUB DEL BARRIO v. UNITED COMMUNITY CORPORATIONS

No. 83-5121.

735 F.2d 98 (1984)

EL CLUB DEL BARRIO, INC., on behalf of themselves and all other persons similarly situated, Percy Bou, Roberto De La Cruz, Victor Marrero, Freddy Natal, Nilsa Ruiz, Francisco Segarra, and Evelyn Valez, individually and on behalf of all others similarly situated, Appellants, v. UNITED COMMUNITY CORPORATIONS, INC., Kenneth Gibson, Mike Rodriguez, Edna Thomas, Ramon Rivera, Fred Butler, and Junius Williams, as members of the United Community Corporation Select Committee, Individually and as Mayor of the City of the City of Newark, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 30, 1984.

Attorney(s) appearing for the Case

Ignacio Perez (argued); Puerto Rican Legal Defense and Education Fund, Inc., New York, N.Y., for appellants.

Maurice R. Strickland (argued), Horowitz, Bross, Sinins & Imperial, P.A., Newark, N.J., for appellee United Community Corporation.

John J. Teare, Corporation Counsel, John C. Pidgeon, First Asst. Corporation Counsel (argued), Dept. of Law, Newark, N.J., for appellee Kenneth A. Gibson.

Before GIBBONS and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

The issue on appeal is whether the failure of the parties to a civil rights suit to have provided for attorneys fees in a written settlement agreement creates a "special circumstance" depriving a prevailing plaintiff in the underlying action of its right to reasonable attorneys fees under 42 U.S.C. § 1988 (1976). We hold that it does not, even where the parties discussed but were unable to agree on attorneys...

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