Draper v. Town Clerk of Greenfield

This case, here on the reservation and report of a single justice, concerns a claim by the plaintiffs against the State defendants for attorneys’ fees under 42 U.S.C. § 1988 (1976). 3

The defendants contend that the plaintiffs’ motion for fees was untimely and that we have no jurisdiction to consider it; alternatively, they argue that on the merits the plaintiffs are entitled to no fees under § 1988, or to a much smaller award of fees than requested. We find both that the motion was timely and that the plaintiffs are entitled to attorneys’ fees in the amount of $2,600. Although the plaintiffs…