When will a court grant a motion for attorney's fees under Section 1988 of the Civil Rights Attorney's Fees Act?

15. The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. 1988, provides that plaintiffs who successfully bring actions under certain civil rights acts are eligible for attorney's fees. Although the language of 1988 and that of 3613(c)(2) are almost identical, the court should have analyzed plaintiffs' motion for attorney's fees under 3613(c)(2) because that is the statute providing for such awards in cases brought under 3613(a) and because the Fair Housing Act is not among the civil rights statutes enumerated in 1988. However, the district court properly could have relied upon cases interpreting 1988 since "fee-shifting statutes' similar language is a strong indication that they are to be interpreted alike." Indep. Fed'n of Flight Attendants v. Zipes, 491 U.S. 754, 758 n.2 (1989) (internal quotation marks and citation omitted); see also 42 U.S.C. 3602(o) (" `Prevailing party' has the same meaning as such term has in section 1988 of this title.").

15. The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. 1988, provides that plaintiffs who successfully bring actions under certain civil rights acts are eligible for attorney's fees. Although the language of 1988 and that of 3613(c)(2) are almost identical, the court should have analyzed plaintiffs' motion for attorney's fees under 3613(c)(2) because that is the statute providing for such awards in cases brought under 3613(a) and because the Fair Housing Act is not among the civil rights statutes enumerated in 1988. However, the district court properly could have relied upon cases interpreting 1988 since "fee-shifting statutes' similar language is a strong indication that they are to be interpreted alike." Indep. Fed'n of Flight Attendants v. Zipes, 491 U.S. 754, 758 n.2 (1989) (internal quotation marks and citation omitted); see also 42 U.S.C. 3602(o) (" `Prevailing party' has the same meaning as such term has in section 1988 of this title.").