Silverman v. Villegas

I respectfully dissent from the majority’s determination that the plaintiffs were the prevailing parties in this action for the purpose of awarding attorneys’ fees and costs under 42 United States Code section 1988 (Section 1988). As the United States Supreme Court' observed in Farrar v. Hobby, a “plaintiff prevails when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” 506 U.S. 103, 111-12, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). Moreover, in Nagy v.…