Lisa Romain v. Marketa Walters

EDITH BROWN CLEMENT, Circuit Judge, joined by JONES, SMITH, and OWEN, Circuit Judges,

dissenting from the denial of rehearing en banc.

The panel’s reversal of the district court’s denial of attorney’s fees rests on a faulty prevailing party analysis. Under 42 U.S.C. § 1988, a district court “in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.” “[T]o achieve prevailing party status, a party must achieve some judicially sanctioned relief that either creates or materially alters a legal relationship between the parties.” Petteway v. Henry, 738…