FRIEDRICH v. CITY OF CHICAGO

No. 88-3043.

888 F.2d 511 (1989)

Walter FRIEDRICH, individually and on behalf of a class of similarly situated persons, Plaintiffs-Appellees, v. CITY OF CHICAGO and Fred Rice, Superintendent of Police, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1989.


Attorney(s) appearing for the Case

William M. Hannay, Christine M. Arden, Schiff, Hardin & Waite, Harvey M. Grossman, Barbara P. O'Toole, Jane M. Whicher, Chicago, Ill., for plaintiff-appellee Walter Friedrich.

Judson H. Miner, Corp. Counsel, Ruth M. Moscovitch, Appeals Div., Frederick S. Rhine, Jonathan P. Siner, Jean Dobrer, Asst. Corp. Counsel, Office of the Corp. Counsel, James D. Montgomery, Montgomery & Associates, Chicago, Ill., for defendants-appellants.

Leslie A. Jones, Chicago, Ill., for amicus curiae Chicago Council of Lawyers.

Roslyn C. Lieb, Chicago, Ill., for amicus curiae Chicago Lawyers' Committee for Civ. Rights Under Law, Inc.

Jeffrey B. Gilbert, Legal Assistance Found. of Chicago, Chicago, Ill., for amicus curiae Legal Assistance Foundation of Chicago.

Ruben Castillo, Chicago, Ill., for amicus curiae Mexican American Legal Defense and Educ. Fund.

Alexander Polikoff, Chicago, Ill., for amicus curiae Business & Professional People for the Public Interest.

Douglas W. Cassel, Jr., Chicago, Ill., for amicus curiae Chicago Chapter, Nat. Lawyers Guild.

Before CUMMINGS and POSNER, Circuit Judges, and GORDON, Senior District Judge.


POSNER, Circuit Judge.

The question presented by this appeal is whether the judge in a civil rights case may order the losing party to reimburse the cost incurred by the winner to hire an expert witness. The Civil Rights Attorney's Fees Awards Act of 1976, amending 42 U.S.C. § 1988, provides that in any suit under a variety of federal civil rights statutes, "the court, in its discretion, may allow the prevailing party...

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