Federation of City Employees v. City of Birmingham

This is an appeal by the Federation of City Employees from the trial court’s denial of their motion for attorney fees pursuant to 42 U.S.C. § 1988. The employees contend that they are entitled to the attorney fees because they were a “prevailing party” in their initial suit against the may- or and the City of Birmingham. See, City of Birmingham v. Federation of City Employees, 455 So.2d 811 (Ala.1984). The employees initially filed suit under 42 U.S.C. § 1983, alleging violations of both federal constitutional law and state law, in order to obtain a three percent (3%) pay raise provided in…