Nogeiro v. Commissioner of the Department of Transitional Assistance

The issue presented is whether the plaintiff, Shauna Nogeiro, is a “prevailing party” for the purpose of an award of attorney’s fees pursuant to 42 U.S.C. § 1988 (2000). Immediately after the termination of her rights to emergency assistance by the Department of Transitional Assistance (department), Nogeiro secured a temporary restraining order staying the decision until a preliminary injunction hearing could be held. Prior to that hearing, she entered into an advantageous settlement with the *497department without further involvement of the court. As Federal law requires that a judge order or…