Gray ex rel. Alexander v. Bostic

This case concerns an award of attorney’s fees to a plaintiff who prevailed under 42 U.S.C. § 1988. A panel of this Court set aside the fee, concluding that the district court abused its discretion by committing an error of law. The full Court voted to deny rehearing the case en banc. For three reasons, I dissent from the denial of rehearing en banc. First, the district court committed no error of law sufficient to warrant this Court’s finding that it abused its discretion in awarding attorney’s fees to the plaintiff. The award fell well within the boundaries of the district court’s…