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CLARK v. TOWNSHIP OF FALLS

Nos. 89-1352, 89-1378.

890 F.2d 625 (1989)

David CLARK v. TOWNSHIP OF FALLS and James Kettler, Individually and as Chief of Police of the Township of Falls, and Charles Chimera, Individually and as Former Supervisor, Chairman of the Board of the Township of Falls, and August Baur, Individually and as Township Manager of the Township of Falls. Appeal of TOWNSHIP OF FALLS and James Kettler, Individually and as Chief of Police of the Township of Falls, and Charles Chimera, Individually and as Former Supervisor, Chairman of the Board of the Township of Falls. David CLARK, Appellant, v. TOWNSHIP OF FALLS and James Kettler, Individually and as Chief of Police of the Township of Falls, and Charles Chimera, Individually and as Former Supervisor, Chairman of the Board of the Township of Falls, and August Baur, Individually and as Township Manager of the Township of Falls, Township of Falls and James Kettler, Individually and as Chief of Police of the Township of Falls, and Charles Chimera, Individually and as Former Supervisor, Chairman of the Board of the Township of Falls, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Robert O. Baldi (argued), Baldi & Cepparulo, P.C., New Hope, Pa., for appellant, David Clark.

Kenneth L. Oliver, Jr. (argued), Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for appellees/cross-appellants, Tp. of Falls, James Kettler and Charles Chimera.

Before GIBBONS, Chief Judge, and SLOVITER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents the question whether an attorney may be entitled to an award of attorney's fees under 42 U.S.C. § 1988 when we have reversed the jury verdict in favor of the plaintiff but the plaintiff claims he achieved one of the benefits he sought by the litigation through a post-trial out-of-court settlement of one issue. Appellant/cross-appellee David Clark brought suit under 42 U.S.C. § 1983...

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