Is a plaintiff entitled to attorney's fees if he successfully appealed against a finding of not guilty on an interlocutory motion?

MultiRegion, United States of America

The following excerpt is from Mathis v. Cnty. of Lyon, No. 16-16723, No. 16-16751, No. 16-16938, No. 17-16060, No. 17-16061, No. 17-16194 (9th Cir. 2018):

D. The district court did not abuse its discretion by awarding attorneys' fees for the plaintiffs' success in prior appellate proceedings. If, as here, a plaintiff becomes a prevailing party only after an interlocutory appeal, he "should presumptively be eligible for attorney's fees incurred during the first appeal, because that appeal likely contributed to the success of the underlying litigation." Yamada v. Snipes, 786 F.3d 1182, 1210 (9th Cir. 2015).

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Is a plaintiff entitled to attorney's fees if he successfully appealed against a finding of not guilty on an interlocutory motion?

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