White v. New Hampshire Department of Employment Security et al. (455 U.S. 445)
U.S. Supreme Court · decided March 2, 1982 · Supreme Court Database (Spaeth)
- Citation
- 455 U.S. 445 · 102 S. Ct. 1162
- Decided
- March 2, 1982
- Term
- October Term 1981
- Vote
- 9–0
- Majority author
- Justice Powell
- Issue area
- Attorneys
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Powell delivered the opinion of the Court. The issue in this case arises from a postjudgment request for an award of attorney’s fees under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U. S. C. § 1988. The question is whether such a request is a “motion to alter or amend the judgment,” subject to the 10-day timeliness standard of Rule 59(e) of the Federal Rules of Civil Procedure. W This litigation began in March 1976, when the petitioner Richard White filed suit against respondent New Hampshire Department of Employment Security (NHDES) and its Commissioner. White claimed that the respondent failed to make timely determinations of certain entitlements to unemployment compensation, thereby violating an applicable provision of the Social Security Act, 42 U. S. C. § 503(a)(1), the Due Process Clause of the Constitution of the United States, and 42 U. S. C. § 1983. Alleging federal jurisdiction under 28 U. S. C. § 1343, he sought declaratory and injunctive relief and “such other and further relief as may be equitable and just.” App. 15. His complaint did not specifically request attorney’s fees. Following certification of the case as a class action, the District Court granted relief on petitioner’s claim under the Social Security Act. Pending an appeal by NHDES to the Court of Appeals, however, the parties signed a settlement agreement. The case was then…
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