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SCT today - James v City of Boise

CT
Chuck Thompson
Mon, Jan 25, 2016 4:21 PM

In a case of what I think the Court believed was a remarkable amount of chutzpah by a State Supreme Court, the City of Boise lost a claim for attorney's fees in a civil rights action where it had prevailed.  The Idaho Supreme Court had concluded that the SCT precedent regarding the award of attorney fees to defendants in civil rights cases did not bind the state courts despite the action having been based on federal law.  Without repeating all that the SCT said about this case let me quote from the concluding paragraph:

The Idaho Supreme Court, like any other state or federal
court, is bound by this Court's interpretation of federal
law. The state court erred in concluding otherwise. The
judgment of the Idaho Supreme Court is reversed, and the
case is remanded for further proceedings not inconsistent
with this opinion.

Fortunately, I do not believe this concludes Boise's claim for fees, but it tends to put the Idaho Supreme Court in its place.  I guess we must wait and see how the SCT will treat the Alabama Supreme Court Chief Justice Roy Moore when it gets the chance as he continues to urge Alabama probate judges to ignore the SCT decision on gay marriage.  Chuck

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C.
IMLA's Annual Conference September 28 - October 2, 2016 - San Diego

In a case of what I think the Court believed was a remarkable amount of chutzpah by a State Supreme Court, the City of Boise lost a claim for attorney's fees in a civil rights action where it had prevailed. The Idaho Supreme Court had concluded that the SCT precedent regarding the award of attorney fees to defendants in civil rights cases did not bind the state courts despite the action having been based on federal law. Without repeating all that the SCT said about this case let me quote from the concluding paragraph: The Idaho Supreme Court, like any other state or federal court, is bound by this Court's interpretation of federal law. The state court erred in concluding otherwise. The judgment of the Idaho Supreme Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Fortunately, I do not believe this concludes Boise's claim for fees, but it tends to put the Idaho Supreme Court in its place. I guess we must wait and see how the SCT will treat the Alabama Supreme Court Chief Justice Roy Moore when it gets the chance as he continues to urge Alabama probate judges to ignore the SCT decision on gay marriage. Chuck Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C. IMLA's Annual Conference September 28 - October 2, 2016 - San Diego