Baumgartner v. Harrisburg Housing Authority

OPINION OF THE COURT

SLOVITER, Chief Judge.

In the order that is the subject of this appeal the district court denied the plaintiffs’ request for attorney’s fees on the ground that, as a matter of law, plaintiffs could not be considered to be “prevailing parties” under 42 U.S.C. § 1988 (Supp. III 1991). The court reasoned that the Supreme Court’s decisions in Farrar v. Hobby, — U.S. -, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992), and Texas State Teachers Ass’n v. Garland Independent School District, 489 U.S. 782, 109 S.Ct. 1486, 108 L.Ed.2d 866 (1989), require that a party must have obtained a…