Attorney fees should never have been awarded in a civil rights lawsuit brought by students who challenged their punishment for walking out of a Yonkers high school in a protest, a federal appeals court ruled Wednesday. The 2nd U.S. Circuit Court of Appeals concluded that a lower court judge was wrong to award fees because the judge never granted relief in the case and therefore should not have found the students were "prevailing parties" within the meaning of a civil rights statute.
2nd Circuit Scuttles Attorney Fees in Civil Rights Case
New York Law Journal
April 3, 2009