Case Citator › Gregory v. Shelby County

Gregory v. Shelby County

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Sixth Circuit
Citation
220 F.3d 433
Decided
Confirmed treatments
1
Flagged citations read
28 of 28
Citing cases (total)
28
Treatment dates
2001

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resources displaced part of Gregory v. Shelby County's rule for prevailing-party attorney's fees, as the Sixth Circuit later explained in DiLaura v. Township of Ann Arbor. All 28 flagged citations have been read.
More on how this was screened

The other holdings, including the standards for municipal liability, damages, and supplemental jurisdiction, continue to be cited. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

28 later cases cite Gregory v. Shelby County; 28 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Gregory v. Shelby County?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected Gregory's catalyst route to prevailing-party fees and held that a court-ordered consent decree can supply the required judicial relief.

    Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resources · Supreme Court of the United States · filed

    These decisions, taken together, establish that enforceable judgments on the merits and court-ordered consent decrees create the “material alteration of the legal relationship of the parties” necessary to permit an award of attorney’s fees. ... We think, however, the “catalyst theory” falls on the other side of the line from these examples. It allows an award where there is no judicially sanctioned change in the legal relationship of the parties.
    Read the full opinion on CourtListener →

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