United States Fourth Circuit

Where plaintiff-welfare applicants initially obtained a preliminary injunction and later reached a settlement of their claims with the defendant, they could not be characterized as the "prevailing party," entitled to an award of attorney fees under 42 U.S.C.A. section 1988(b).

Appellate Information

• Argued 11/02/2001
• Decided 02/21/2002
• Published 02/21/2002

Judges

• Before WILKINSON, Chief Judge, and WILLIAMS and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Maureen Riley Matsen, Office of the Attorney General, Richmond, Virginia, for Appellant.  Edward M. Wayland, Charlottesville, Virginia, for Appellees.   ON BRIEF:  Randolph A. Beales, Attorney General of Virginia, William H. Hurd, Solicitor General, Siran S. Faulders, Senior Assistant Attorney General, E. Paige Selden, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant.  Steven L. Myers, Virginia Poverty Law Center, Inc., Richmond, Virginia, for Appellees.