Kansas Judicial Watch v. Stout

EBEL, Circuit Judge.

Plaintiffs-Appellants Kansas Judicial Review (“KJR”), the Honorable Charles M. Hart, and Robb Rumsey appeal from the district court’s order denying their motion for attorney’s fees. This case requires us to decide whether Appellants qualify as “prevailing parties” entitled to attorney’s fees under 42 U.S.C. § 1988 where they secured a preliminary injunction that afforded some of the relief sought in the complaint, the district court granted the injunction after finding that Appellants were substantially likely to succeed on the merits of their claims, and the actions of…