A demonstrator who sued under 42 U.S.C. § 1983, in part to secure an injunction to protect himself from police officers' threat of sanctions, and who succeeded in removing that threat, is a "prevailing party" and should ordinarily recover an attorney's fee under 42 U.S.C. § 1988 unless a court finds special circumstances would render such an award unjust.
U.S. SUPREME COURT
Lefemine v. Wideman
New Jersey Law Journal
November 14, 2012
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