Is a plaintiff entitled to attorney's fees under Section 1988 of the Constitution for a constitutional violation?
MultiRegion, United States of America
The following excerpt is from Matusick v. Erie Cnty. Water Auth., 757 F.3d 31 (2nd Cir. 2014):
20. In light of our decision to remand in part, we note that an award of attorney's fees under 1988 is not foreclosed by the plaintiff's recovery of only nominal damages for a constitutional violation. See, e.g., Cabrera v. Jakabovitz, 24 F.3d 372, 393 (2d Cir.1994).
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