Is a pro se prisoner entitled to a reasonable attorney's fee as part of his costs?
MultiRegion, United States of America
The following excerpt is from Campbell v. Flathead County Sheriff, 894 F.2d 1344 (9th Cir. 1989):
Title 42 of the United States Code section 1988 provides in pertinent part that in a section 1983 action, "the court in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." However, in Gonzalez v. Kangas, 814 F.2d 1411, 1412 (9th Cir.1987), we held that a prevailing party who is a pro se prisoner and is not an attorney is not entitled to an award of attorney's fees under 42 U.S.C. Sec. 1988.
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