WILLIE JAMES GLOVER, PLAINTIFF-APPELLEE,
v.
ALABAMA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLANTS
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The court reinstated its prior judgment except for the award of attorney fees, which was vacated for further consideration.
The Supreme Court vacated the appellate court's judgment for further consideration in light of a new Supreme Court precedent regarding attorney fees.…
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[*965] PER CURIAM:
The district court decision in the above case was affirmed. Glover v. Alabama Department of Corrections, 734 F. 2d 691 (11th Cir.1984). A petition for rehearing was denied with an opinion. Glover v. Alabama Department of Corrections, 753 F. 2d 1569 (11th Cir.1984).
The judgment of this court was vacated by the United States Supreme Court for further consideration in light of Kentucky v. Graham, 473 U.S. -, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Alabama Department of Corrections v. Glover, - U.S. -, 106 S.Ct. 40, 88 L.Ed.2d 33 (1985).
Inasmuch as Kentucky v. Graham involves only the award of attorney fees, the judgment of this court is reinstated as to all other matters. Insofar as our judgment affirmed the award of attorney fees against the State of Alabama, that part of the opinion remains vacated. The district court judgment awarding attorney fees against the State is vacated, and the case is remanded to the district court for further consideration in light of Kentucky v. Graham, 473 U.S. -, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985).
AFFIRMED in part, VACATED and REMANDED in part.
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Davis v. Lt. James Locke and Lt. Gemelli, 936 F.2d 1208 (11th Cir. 1991)…al loss.... ” Wilson v. Taylor, 658 F. 2d 1021, 1033 (5th Cir. Unit B Oct. 1981); see Glover v. Alabama Dept. of Corrections, 734 F. 2d 691, 694 (11th Cir.1984), cert. granted and vacated, 474 U.S. 806, 106 S.Ct. 40, 88 L.Ed.2d 33 (1985), on remand, 776 F. 2d 964 (11th Cir.1985) (affirming punitive damages award of $25,000 after jury awarded $1 in nominal damages on section 1983 claim). An award of punitive damages is authorized in a civil rights case if “the defendant was motivated by an evil motive or int…
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Allan G. Charles, M.D. v. Daley, 846 F.2d 1057 (7th Cir. 1988)…Eleventh Amendment, has successfully sued state officials but only in their personal capacity. Glover v. Alabama, 734 F. 2d 691 (11th Cir.1984), vacated, 474 U.S. 806, 106 S.Ct. 40, 88 L.Ed.2d 33 (1985), aff'd in part, vacated and remanded in part, 776 F. 2d 964 (11th Cir.1985), a case also relied upon by the inter-venors, is distinguishable from the instant case for precisely the same reason.15 The plaintiffs, too, refer us to case law which they contend supports their contention that intervening defendan…
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Leggett v. Badger, 798 F.2d 1387 (11th Cir. 1986)…6 S.Ct. 40, 88 L.Ed.2d 33 (1985) (hereinafter Glover II). On remand to this court, we vacated the fee award portion of Glover I and remanded it to the district court for reconsideration in light of Graham. See Glover v. Alabama Dept. of Corrections, 776 F. 2d 964 (11th Cir.1985) (Glover III). . We note the need to read and apply these exceptions narrowly. A district court should follow the law of the case as decided by the appellate court unless the court is certain that one of the three specifically and un…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kentucky v. Graham, 473 U.S. 159 (U.S. 1985)
- Glover v. Ala. Dep't OF Corr., 734 F.2d 691 (11th Cir. 1984)
- Glover v. Ala. Dep't OF Corr., 753 F.2d 1569 (11th Cir. 1985)