United States First Circuit

In a case brought against police officers for violation of decedent's constitutional right to be free from excessive force after defendants' discharged seventeen rounds from their firearms after decedent was already lying down, denial of award of attorney's fees and costs under the Civil Rights Attorney's Fees Award Act of 1967 is vacated and case is remanded where: 1) a prevailing plaintiff should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust; 2) the test for determining plaintiff's status as a prevailing party was met; and 3) the appropriate course of action on remand is for the trial court to calculate a reasonable attorney's fee that takes into account the quality of the results that the plaintiff obtained.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States First Circuit

Counsel