MAYNARD v. MINE HILL TP.


244 N.J. Super. 298 (1990)

582 A.2d 315

STUART MAYNARD, PLAINTIFF-RESPONDENT, v. MINE HILL TOWNSHIP, TOWNSHIP OF MINE HILL POLICE DEPARTMENT, DEFENDANTS, AND CHARLES CANFIELD AND JEFFREY OSTER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1990.


Attorney(s) appearing for the Case

Leonard & Butler, attorneys for appellants, Charles Canfield and Jeffrey Oster (John R. Scott, on the brief).

Karl A. Fenske, attorney for respondent, Stuart Maynard.

Before Judges KING, LONG and STERN.


The opinion of the court was delivered by KING, P.J.A.D.

This issue here is whether a successful tort claimant, entitled to recover attorneys' fees under the federal "fee-shifting" statute, 42 U.S.C.A. § 1988, may recover prejudgment interest on the attorney fee award. See R. 4:42-11(b). We conclude that the plaintiff may not recover an award of prejudgment interest on attorneys' fees. We reverse.

On January 28, 1986 plaintiff sued the Township...

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