Murphy v. Smith

HAMILTON, Circuit Judge.

This appeal is before us once more, this time not on the .merits but.on plaintiff Charles Murphy’s petition for an award of attorney fees on appeal as a prevailing party pursuant to 42 U.S.C. § 1988(b). We deny the petition. Plaintiff prevailed on only one issue on appeal, an issue of only state law that could not have affected the judgment in his favor on federal-law claims that allowed a fee award. He lost on the federal matters at issue on appeal. While he remains, a prevailing party in the lawsuit as a whole, a.fee award on this appeal is not justified.

*585Our decision…