California, United States of America
The following excerpt is from Neal v. Cnty. of Shasta, C066720 (Cal. App. 2013):
Title 42, section 1988, of the United States Code provides in part that a court may in its discretion allow the prevailing party reasonable attorney fees in any action to enforce a provision of section 1983. Where, as here, the prevailing party is a defendant, attorney fees are awarded only where the " 'claim was frivolous, unreasonable, or groundless, or . . . the plaintiff continued to litigate after it clearly became so.' " (Hughes v. Rowe (1980) 449 U.S. 5, 15 [66 L.Ed.2d 163, 173].)
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