Isaac Capps v. Kevin Drake
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Kanne, Circuit Judge.
*804 Generally, the prevailing party in a civil rights lawsuit is entitled to an award of attorney's fees. 42 U.S.C. § 1988 (b). It is reasonable, however, for the court to award no fees to the prevailing party if the party received only a technical, nominal, or de minimis damage award. In this case, Isaac Capps was awarded substantial damages and thus should have been awarded attorney's fees. The judgment of the district court is reversed, and this case is remanded for a determination of the amount to be awarded.
I. BACKGROUND
Isaac Capps sued six law enforcement officers for…
2Cases cited16 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Farrar v. HobbySupreme Court of the United States · 1992
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- G. Heileman Brewing Co., Inc. v. Joseph Oat CorporationCourt of Appeals for the Seventh Circuit · 1989
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