United States DC Circuit

In light of plaintiffs' complete success on the merits of a constitutional challenge to a federal statute under 42 U.S.C. section 1983, they are entitled to a fully compensatory award under the Civil Rights Attorney's Fees Awards Act, 42 U.S.C. section 1988, where the original defendant leaves defense of the statute to the US, as defendant-intervenor.

Appellate Information

• Argued 11/21/2003
• Decided 01/23/2004
• Published 01/23/2004

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Arthur B. Spitzer argued the cause for appellants.   With him on the briefs was Graham A. Boyd.


• For Appellees:
  
• William K. Shirey II argued the cause for appellee.   With him on the brief were Edward E. Schwab, Assistant Corporation Counsel, Donna M. Murasky, Senior Litigation Counsel, Glen D. Nager and Jennifer L. Merzon.