What is the test for denying or denying an application for attorneys' fees in a civil rights case?
MultiRegion, United States of America
The following excerpt is from Latrieste Rest. v. Village of Port Chester, 188 F.3d 65 (2nd Cir. 1999):
The decision to grant or deny an application for attorneys' fees is reviewed for an abuse of discretion. See LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 757 (2d Cir. 1998).
To be eligible for attorneys' fees, a civil rights plaintiff must be a "prevailing party." 42 U.S.C. 1988(b). To qualify as a prevailing party, the "plaintiff must obtain at least some relief on the merits of his claim." Farrar v. Hobby, 506 U.S. 103, 111 (1992).
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