Is a plaintiff entitled to attorney's fees in civil rights litigation?

The statutory fee for those who prevail in civil rights litigation is not authorized by general considerations of equity. To win fees, plaintiffs must prevail in some significant way. That did not happen in the case at bar. Plaintiffs "jumped the gun" in filing the underlying federal action; their action cannot be said to have vindicated, even minimally, their civil rights. See Jensen v. City of San Jose, 806 F.2d 899, 901 (9th Cir.1986). Accordingly, the award of section 1988 attorney's fees is