The following excerpt is from LaRouche v. Kezer, 20 F.3d 68 (2nd Cir. 1994):
Appellees moved for attorney's fees and costs before the district court on May 13, 1993, approximately six weeks after the decision of the appeal was handed down. The district court awarded attorney's fees to appellees, characterizing them as prevailing parties under 42 U.S.C. Sec. 1988 "because they prevailed on their claim for immediate relief, despite the final adverse determination on the merits of the other claims." LaRouche v.
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