Department of Human Resources v. West

Blackburn, Presiding Judge.

In this 42 USCA § 1983 civil rights action involving a challenge to the constitutionality of O.CGA § 19-11-9.3, the Georgia Department of Human Resources (DHR) appeals the trial court’s award of attorney fees to Michael G. West pursuant to 42 USCA § 1988, contending, among other things, that West was not a prevailing party and, as such, the award of attorney fees was not appropriate. For the reasons set forth below, we agree that West was not the prevailing party and reverse the award of attorney fees.

1. On March 27, 1997, DHR allegedly mailed a notice to West…