Tag: Justice Elana Kagan

When Can a Prevailing Defendant in a Fee-Shifting Case Where Some, But Not All, Claims Were Frivolous Get Attorneys’ Fees?

Fox v. Vice, 131 S.Ct. 2205 (2011).  The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988.  Most often, it is a prevailing plaintiff who seeks ...