Courtesy photo Failure to Allege Civil Rights Violation Is Fatal to Attorney Fees Claim, Says Appellate Division
"Nowhere in the complaint or amended complaint did plaintiff refer to a violation of her civil rights under the New Jersey Constitution or the United States Constitution," the per curiam opinion said. "Additionally, neither the complaint nor the amended complaint included a demand for attorney's fees."
November 22, 2023 at 04:37 PM
4 minute read
Fee Disputes
The Appellate Division affirmed an order denying attorney costs and fees to a plaintiff who alleged the trial judge erred in denying attorney fees under 42 U.S.C. §1983 despite acknowledging the pleadings did not "expressly" allege a violation of her civil rights.
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