What is the test for awarding attorney's fees to a plaintiff in a federal civil rights action?
MultiRegion, United States of America
The following excerpt is from Bartholomew v. Watson, 665 F.2d 910 (9th Cir. 1982):
1 We should, note, however, that in Brown v. Bathke, 588 F.2d 634, 638 (8th Cir. 1978), the court held that "(t)he awarding of attorney's fees to a prevailing party in a civil rights action for work done in other related proceedings lies in the sound discretion of the federal district court." It is also noteworthy that in Brown v. Bathke, the services in the state court occurred prior to the filing of the federal action.
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