Tag Archives: §1988

Civil rights plaintiff can’t get attorney fees

A civil rights plaintiff did not become a “prevailing party” entitled to attorney fees when the defendant capitulated shortly after the case was filed, the en banc 3rd Circuit has ruled in affirming judgment.

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In cases involving frivolous and non-frivolous claims, a court may grant reasonable fees to the defendant, but only for costs that would not have been incurred but-for the frivolous claims. See “Court allows limited attorney fees in some frivolous cases.” ...

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Can §1988 fees be awarded when non-frivolous tort claims remain?

WASHINGTON – A case of small-town politics gone wild is giving the U.S. Supreme Court the opportunity to decide if a defendant can be awarded legal fees for frivolous constitutional claims under §1988 when the case also involves interrelated non-frivolous ...

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