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eBook details

• Title: Melvin A. Slawik v. State Delaware and
• Author : Supreme Court of Delaware
• Release Date : January 18, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This appeal concerns an attorney's fee award under the Civil Rights Attorney's Fees Awards Act of 1976 (the Act), 42 U.S.C. § 1988. Appellant challenges the adequacy of the fee award; and appellee-State cross appeals contesting the grant of any award under § 1988. Melvin A. Slawik, plaintiff-appellant, while holding the elected office of County Executive for New Castle County, was convicted in March, 1976 in the United States District Court of Delaware of making false declarations before a Federal Grand Jury in violation of 18 U.S.C. § 1623. Two days later and prior to plaintiff's sentencing, the Governor of Delaware, acting under the provisions of Article XV, § 6 of the Delaware Constitution, 1 removed Slawik from his office as County Executive, effective immediately. Six weeks after his removal from office, Slawik was sentenced in Federal Court; but following appeal, the United States Court of Appeals for the Third Circuit reversed Slawik's convictions. United States v. Slawik, et al., 3d Cir., 548 F.2d 75 (1977). Slawik then filed suit for damages in Superior Court against the State of Delaware, the former Governor of Delaware, and others. Plaintiff contended that he had been deprived of a property interest by not being permitted to complete his full term of office as County Executive. The Superior Court granted summary judgment for the defendants, holding that Slawik was convicted at time of his removal from office and hence was not wrongfully removed. Slawik v. Folsom, et al., Del.Super., 389 A.2d 775 (1978). on appeal, this Court reversed, ruling that Slawik's removal from office on March 11, 1976, was invalid when effectuated, but became valid nunc pro tunc with the imposition of sentence on April 21, 1976. Slawik v. Folsom, Del.Supr., 410 A.2d 512, 514 (1979). 2

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