The following excerpt is from Champagne v. The City, D.C. No. 3:06-CV-05425-JSW, No. 08-16368, No. 08-17180, No. 08-17503 (9th Cir. 2010):
We have repeatedly held that attorneys' fees in civil rights cases may be awarded to a defendant only in "exceptional circumstances." See, e.g., Barry v. Fowler, 902 F.2d 770, 773 (9th Cir. 1990). Attorneys' fees are not appropriate for civil rights plaintiffs "launching a good faith effort to advance a novel theory" as
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