36 Cited authorities

  1. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 66,431 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983
  2. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,055 times   9 Legal Analyses
    Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment
  3. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,765 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."
  4. Carey v. Piphus

    435 U.S. 247 (1978)   Cited 3,556 times   5 Legal Analyses
    Holding that nominal damages are appropriate when a plaintiff's constitutional rights have been infringed but he cannot show further injury
  5. Memphis Community School Dist. v. Stachura

    477 U.S. 299 (1986)   Cited 1,307 times   2 Legal Analyses
    Holding that damages awards under section 1983 "may include not only out-of-pocket loss and other monetary harms, but also such injuries such as . . . mental anguish and suffering"
  6. Schweiker v. Gray Panthers

    453 U.S. 34 (1981)   Cited 503 times
    Finding that Congress implicitly ratified a common state practice concerning medicaid plans
  7. Parker v. Blauvelt Volunteer Fire Company, Inc.

    93 N.Y.2d 343 (N.Y. 1999)   Cited 794 times
    Holding that "the termination of the prior article 78 proceeding on the merits was not res judicata as to the section 1983 damage claims" and noting that "res judicata is inapplicable where the plaintiff ‘was unable to ... seek a certain remedy or form of relief in the first action because of the limitations on the subject matter jurisdiction of the courts or restrictions on their authority to entertain ... multiple remedies or forms of relief in a single action, and the plaintiff desires in the second action ... to seek that remedy or form of relief’ " (quoting Restatement (Second) of Judgments § 26(c) )
  8. Matter of Gross v. Perales

    72 N.Y.2d 231 (N.Y. 1988)   Cited 266 times
    Finding that incidental damages are money that the agency is required to pay upon the annulment or nullification of the underlying administrative action, i.e., the agency would still have been obligated to reimburse the petitioner even had the petitioner not requested it
  9. Davidson v. Capuano

    792 F.2d 275 (2d Cir. 1986)   Cited 231 times
    Holding Article 78 proceeding had same cause of action as federal civil rights action because both involved allegations relating to plaintiff's prison misconduct proceeding
  10. Associated Bldrs. Cont. v. Orleans Parish

    919 F.2d 374 (5th Cir. 1990)   Cited 169 times
    Holding that "[a]ll reasonable out-of-pocket expenses, including charges for . . . travel, . . . are plainly recoverable in section 1988 fee awards because they are part of the costs normally charged to a fee-paying client."
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 482,732 times   684 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,287 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
  13. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,712 times   41 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
  14. Section 602 - Eligible States; State plan

    42 U.S.C. § 602   Cited 1,460 times
    Granting Secretary of Health and Human Services authority to approve state TANF plans
  15. Section 22 - Appeals and fair hearings; judicial review

    N.Y. Soc. Serv. Law § 22   Cited 127 times

    1. Any person described in subdivision three of this section, or any individual authorized to act on behalf of any such person, may appeal to the department from decisions of social services officials or failures to make decisions upon grounds specified in subdivision five of this section. The department shall review the case and give such person an opportunity for a fair hearing thereon. The department may also, on its own motion, review any decision made or any case in which a decision has not

  16. Section 358-3.1 - Right to a fair hearing

    N.Y. Comp. Codes R. & Regs. tit. 18 § 358-3.1   Cited 27 times

    (a) An applicant or recipient has the right to challenge certain determinations or actions of a social services agency or such agency's failure to act with reasonable promptness or within the time periods required by other provisions of this Title, by requesting that the OAH provide a fair hearing. The right to request a fair hearing cannot be limited or interfered with in any way. (b) If you are an applicant or a recipient of assistance, benefits or services you have a right to a fair hearing if:

  17. Section 358-6.4 - Compliance

    N.Y. Comp. Codes R. & Regs. tit. 18 § 358-6.4   Cited 24 times

    (a) For all decisions, except those involving food stamp issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing. (b) (1) For all cases involving food stamp issues only the decision must be issued and the parties notified of the decision within 60 days of receipt of the request for the fair hearing by OAH. (2) If the decision will result in an increase in household food stamp benefits, social

  18. Section 358-4.4 - Compliance with fair hearing decision

    N.Y. Comp. Codes R. & Regs. tit. 18 § 358-4.4   Cited 1 times

    A social services agency must comply with fair hearing decisions in accordance with section 358-6.4 of this Part. N.Y. Comp. Codes R. & Regs. Tit. 18 § 358-4.4