Is a plaintiff entitled to attorney's fees under Section 1988 of the Bane Act?

Section 1988 permits the court, in its discretion, to award reasonable attorney's fees to a prevailing party in an action under 42 U.S.C. 1983. See 42 U.S.C. 1988(b). A "prevailing party" is one who succeeds on any significant issue in the litigation, resulting in a "material alteration of the legal relationship of the parties." Tex. State Teacher's Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 792-93 (1989). The Bane Act also provides for an award of reasonable attorney's fees to a prevailing plaintiff. See Cal. Civ. Code 52.1(h). While Plumb does not dispute that plaintiff is the prevailing party or that he is entitled to attorney's fees under 1988 and subsection 52.1(h), he disputes the size of the fee award plaintiff requests.