AFSCME v. COUNTY OF NASSAU

Nos. 1140, 1610, Dockets 95-9022 (L), 95-9024(XAP).

96 F.3d 644 (1996)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO (AFSCME); Civil Service Employees Association, Inc., Region I/Local 1000, (CSEA); Rita Wallace; Rachel Braver; Dorothy Garage; Linda Kelly; Lois Whitely, on behalf of themselves and all others similarly situated, Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees, Odessa Colvin; Erna Fluhr; Laurie Gillibertie; Stephen Goldberg; Fred Jordan, Plaintiffs-Counter-Defendants, v. COUNTY OF NASSAU; Nassau County Executive; Nassau County Comptroller; Nassau County Board of Supervisors; Nassau County Civil Service Commission, Defendants-Counter-Claimants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 26, 1996.


Attorney(s) appearing for the Case

Paul M. Smith, Washington, DC (Susan R. Podolsky, Sean H. Donohue, Jenner & Block, Washington, DC, on the brief), for Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees.

William H. Pauley, III, New York City (Charles D. Cunningham, Stewart J. Epstein, Edward J. Phillips, Snitow & Pauley, New York City, on the brief), for Defendants-Counter-Claimants-Appellees-Cross-Appellants.

C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Samuel A. Marcosson, Attorney, Equal Employment Opportunity Commission, Washington, DC, for amicus curiae Equal Employment Opportunity Commission.

Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, Charles Stephen Ralston, David T. Goldberg, Paul K. Sonn, NAACP Legal Defense and Educational Fund, Inc., Donna Lenhoff, Women's Legal Defense Fund, Leon Friedman, New York Civil Liberties Union, Herbert Eisenberg, National Employment Lawyers Association, for amici curiae NAACP Legal Defense and Educational Fund, Inc., Women's Legal Defense Fund, New York Civil Liberties Union and National Employment Lawyers Association (New York Chapter).

Before: WINTER, JACOBS and CALABRESI, Circuit Judges.


JACOBS, Circuit Judge:

In this appeal, we consider the circumstances in which defendants may recover attorney's fees from plaintiffs in actions under Title VII.

In 1984, the American Federation of State, County and Municipal Employees, one of its affiliates and several individual employees (collectively referred to as "AFSCME") commenced this civil rights action against Nassau County and several of its officers (variously, the "County" and the "defendants...

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