Can a plaintiff in a civil rights case request attorney fees from the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Hewitt v. Joyner, 940 F.2d 1561 (9th Cir. 1991):
The plaintiffs request attorney fees under 42 U.S.C. Sec. 1988, which grants appellate courts discretionary power to order attorney fees. "A prevailing [civil rights] plaintiff should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983) (quotations omitted). The fact that
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