Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The right of a prevailing party to recover statutory attorney fees pursuant to the Civil Rights Attorney’s Fees Awards Act (42 U.S.C. §1988(b)) is a vital aspect of §1983 civil rights litigation. Although most Supreme Court decisions concerning statutory fees have focused on fee awards to prevailing plaintiffs, at the end of its last term the Supreme Court rendered an important decision concerning the right of prevailing defendants in §1983 actions to recover statutory attorney fees. In Fox v. Vice,1 the Court unanimously held that a prevailing defendant in a §1983 action may recover §1988 fees when a plaintiff asserts both frivolous and non-frivolous claims, but only the fees “that the defendant would not have incurred but for the frivolous claims.” Justice Elena Kagan wrote the opinion for the Court.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.