Palmer v. Coons

OPINION AND ORDER

COFFRIN, Chief Judge.

The defendants in this § 1983 civil rights action have moved for an award of attorney fees pursuant to 42 U.S.C. § 1988. Defendants were the prevailing parties by virtue of this court’s grant of their motion for summary judgment and the affirmance of that decision on appeal. The parties do not dispute that the applicable standard is whether plaintiff’s claims were frivolous, unreasonable or without foundation, or whether plaintiff continued to litigate after they clearly became so. See Hughes v. Rowe, 449 U.S. 5, 14, 101 S.Ct. 173, 178, 66 L.Ed.2d 163…