Document Type

Article

Publication Date

12-8-1994

Abstract

Plaintiffs appeal from a judgment entered on January 31, 1994 in the United States District Court for the Southern District of New York (Owen, J.) after remand. See Carroll v. Blinken, 957 F.2d 991 (2d Cir. 1992) ("Carroll I"), cert. denied, ___ U.S. ___, 113 S.Ct. 300, 121 L.Ed.2d 224 (1992). The district court denied appellants' motion under 42 U.S.C. § 1988 for attorney's fees, see Carroll v. Blinken, No. 83 Civ. 1272RO, 1993 WL 478406 (S.D.N.Y. Nov. 15, 1993) ("Carroll II"), and entered a judgment requiring NYPIRG to: (1) spend as much money on activities that involve or benefit SUNY Albany students as it receives from their mandatory activity fees; (2) provide annual reports to SUNY Albany certifying its compliance with the preceding requirement; and (3) end the practice of defining membership solely on the basis of payment of a mandatory student fee.

For the reasons that follow, we modify the judgment of the district court by limiting the use of Albany students' fees to those NYPIRG activities and expenses that further the substantial interests of SUNY Albany as identified in Carroll I. We also reverse the district court's denial of appellants' request for attorney's fees, and we remand to the district court with instructions to award reasonable attorney's fees to appellants. We affirm the judgment in all other respects.

Comments

42 F.3d 122 (1994)

Thomas W. CARROLL; Robert J. Carroll; Michael E. McChesney; Emanuel J. Panos; Edward J. Priola; Craig J. Rucker; Robert T. Schmidlin; Beth Turkovic Garfunkel; Christine McClellan; Christopher Sandor and Susanne Ziegler, Plaintiffs-Appellants,

v.

Donald M. BLINKEN, in his capacity as Chairman of the Board of Trustees of the State University of New York; George L. Collins, Jr.; D. Clinton Dominick; Judith Lasher Duken; Arnold B. Gardner; Gurstin D. Goldin; John L.S. Holloman, Jr.; Nan Johnson; Everette Joseph; Judith Davidson Moyers; Edward V. Mele; Victor Marrero; Rosemary Salomone; Edgar A. Sandman; Thomas Van Arsdale; Darwin R. Wales, in their capacities as trustees of the State University of New York; Jerome Komisar, in his capacity as Acting Chancellor of the State University of New York; Vincent O'Leary; Clifford D. Clark; Alice Chandler, in his or her capacity as President and chief administrative officer of, respectively, the State University of New York at Albany, the State University of New York at Binghamton, and the State University of New York at New Paltz and New York Public Interest Research Group, Inc., Defendants-Appellees.

No. 169, Docket 94-7183.

United States Court of Appeals, Second Circuit

Argued September 19, 1994.

Decided December 8, 1994.

New York Law School location: File #1993 A, Box 133

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