Erickson v. City of Topeka, Kansas

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This case comes before the court on plaintiff’s application for attorneys’ fees and expenses as a prevailing party pursuant to 42 U.S.C. § 1988. Defendant objects to the amounts of fees and expenses sought by plaintiffs attorneys.

Prevailing Party

“In order to qualify for attorney’s fees under § 1988, a plaintiff must be a ‘prevailing party.’ ” Farrar v. Hobby, 506 U.S. 103, 109, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992).

The Court has given an expansive definition to “prevailing party.” “In short, a plaintiff ‘prevails’ when actual relief on the…