James v. City of Boise

Under federal law, a court has discretion to "allow the prevailing party, other than the United States, a reasonable attorney's fee" in a civil rights lawsuit filed under 42 U.S.C. § 1983 . 42 U.S.C. § 1988 . In Hughes v. Rowe, 449 U.S. 5 , 101 S.Ct. 173 , 66 L.Ed.2d 163 (1980) ( per curiam ), this Court interpreted § 1988 to permit a prevailing defendant in such a suit to recover fees only if "the plaintiff's action was frivolous, unreasonable, or without foundation." Id., at 14 , 101 S.Ct. 173 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412 , 421, 98 S.Ct. 694 , 54 L.Ed.2d 648…