Davis v. Everett

Plaintiff, Helen Davis, appealed from a judgment denying attorney's fees under 42 U.S.C. § 1988 (Supp. IV 1980).1 We reverse and remand.

The issues before this Court on appeal are:(1) Whether plaintiff was a "prevailing party" under42 U.S.C. § 1988;(2) Whether special circumstances existed which precluded an award of attorney's fees under 42 U.S.C. § 1988; and(3) Whether the trial court erred in applying Ott v. Everett,420 So.2d 258 (Ala. 1982).

Plaintiff-appellant, Helen Davis, is the owner of Damar's Tea House, a restaurant in Dothan, Alabama. She applied to the board of city commissioners…