MINNICK v. CURRITUCK COUNTY, 2:10-CV-17-BO. (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130904b03
Visitors: 19
Filed: Aug. 30, 2013
Latest Update: Aug. 30, 2013
Summary: ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on the defendants' motion for appellate attorney's fees [DE 136]. For the following reasons, this motion is DENIED. Defendants in civil rights proceedings are only entitled to an award of attorneys' fees if they are able to show that the plaintiffs claim was frivolous, unreasonable, or groundless. 42 U.S.C. 1988. Prevailing plaintiffs are ordinarily entitled to such an award if, but a "much stricter standard applies,
Summary: ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on the defendants' motion for appellate attorney's fees [DE 136]. For the following reasons, this motion is DENIED. Defendants in civil rights proceedings are only entitled to an award of attorneys' fees if they are able to show that the plaintiffs claim was frivolous, unreasonable, or groundless. 42 U.S.C. 1988. Prevailing plaintiffs are ordinarily entitled to such an award if, but a "much stricter standard applies, h..
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ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the Court on the defendants' motion for appellate attorney's fees [DE 136]. For the following reasons, this motion is DENIED.
Defendants in civil rights proceedings are only entitled to an award of attorneys' fees if they are able to show that the plaintiffs claim was frivolous, unreasonable, or groundless. 42 U.S.C. § 1988. Prevailing plaintiffs are ordinarily entitled to such an award if, but a "much stricter standard applies, however, when a court is requested to make such an award to a prevailing defendant." Id. In determining whether the defendants are entitled to attorneys' fees it is not appropriate to engage in post hoc reasoning that because a plaintiff did not ultimately prevail his action was unreasonable. Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421-22 (1978).
After reviewing the Fourth Circuit's twenty-six page opinion and the parties' respective briefs the defendants have failed to carry their burden of showing that the plaintiffs actions were frivolous or unreasonable. As such, the motion for appellate attorney's fees is denied.
CONCLUSION
For the foregoing reasons the defendants' motion for appellate attorneys' fees is DENIED.
SO ORDERED.
Source: Leagle
