Miller v. Commissioner of Correction

The issue to be decided is whether the pro se plaintiff who hired and paid for standby counsel to assist him in this civil rights action is entitled to reasonable attorney’s fees for such counsel. A judge of the Superior Court concluded that the plaintiff did not sustain his burden of justifying an award of attorney’s fees. We reverse and remand for further proceedings.

The claim for attorney’s fees is based on 42 U.S.C. § 1988 (1982), which provides that in actions brought under the Civil Rights Act, 42 U.S.C. § 1983 (1982), 3 “the court, in its discretion, may allow the prevailing party ...…