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BAUMGARTNER v. HARRISBURG HOUSING AUTHORITY

No. 93-7295.

21 F.3d 541 (1994)

Penny BAUMGARTNER; Margarita Collazo; Josefina Ramirez; Isabel Rivera Matos; Mildred Stern; Milton Taylor; Maria Ayala; Andrice Bartow; Doris Baskerville; Rosa Casiano; Arlene Catalano; Danna Clark; Miriam Colon; Madeline David; Brenda Erlston; Carmen Socorro Figueroa; Nanette Fisher; Josefa Garcia; Machelle Hill; Vickie Lynn Johnson; Samatha King; Michelle McCabe; Ana Elba Medina; Kimberly Moore; Joane Otero; Norberto Quinones; Maria Reyes; Ana Delia Rivera; Annette Rivera; Carmen Santos; Linda K. Smith; Tresa Stambaugh; Beverly Wallace; Kimberly J. White; Carla Williams; Myra Williams, for themselves individually and for all other persons similarly situated, Appellants, v. HARRISBURG HOUSING AUTHORITY; Dorsey Howard, Jr., as Director of the Harrisburg Housing Authority; Department of Housing and Urban Development; Michael A. Smerconish, as Regional Administrator of the United States Department of Housing and Urban Development.

United States Court of Appeals, Third Circuit.

Decided April 7, 1994.

As Amended April 26, 1994.

Attorney(s) appearing for the Case

Laurence E. Norton, II (argued), Bettina A. Pearl, Central Pennsylvania Legal Services, Harrisburg, PA, for appellants.

Iwin W. Aronson, Ian J. Blynn (argued), Handler, Gerber, Johnston & Aronson, Camp Hill, PA, for appellees.

Richard Gutman, Carlise, PA, for amicus curiae ACLU of Pennsylvania.

Before: SLOVITER, Chief Judge, STAPLETON, Circuit Judge, and RESTANI, Judge, United States Court of International Trade.

OPINION OF THE COURT

SLOVITER, Chief Judge.

In the order that is the subject of this appeal the district court denied the plaintiffs' request for attorney's fees on the ground that, as a matter of law, plaintiffs could not be considered to be "prevailing parties" under 42 U.S.C. § 1988 (Supp. III 1991). The court reasoned that the Supreme Court's decisions in Farrar v. Hobby, ___ U.S. ___, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992), and Texas State...

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