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MAREK v. CHESNY

No. 83-1437.

473 U.S. 1 (1985)

105 S.Ct. 3012

87 L.Ed.2d 1

MAREK ET AL. v. CHESNY, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF CHESNY

Supreme Court of United States.

Decided June 27, 1985

Attorney(s) appearing for the Case

Donald G. Peterson argued the cause for petitioners. With him on the brief was Elizabeth Hubbard.

Jerrold J. Ganzfried argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Lee, Acting Assistant Attorney General Willard, Deputy Solicitor General Geller, Deputy Assistant Attorney General Kuhl, Katheryn A. Oberly, Robert S. Greenspan, and Barbara S. Woodall.

Victor J. Stone argued the cause for respondent. On the brief was James D. Montgomery.*

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether attorney's fees incurred by a plaintiff subsequent to an offer of settlement under Federal Rule of Civil Procedure 68 must be paid by the defendant under 42 U. S. C. § 1988, when the plaintiff recovers a judgment less than the offer.

I

Petitioners, three police officers, in answering a call on a domestic disturbance, shot and killed respondent's...

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