Brief of Amici Curiae
by State and Local Legal Center
Download: Case No. 10-114 Ricky D. Fox v. Billy Ray Vice, Chief of Police for the Town of Vinton, and Town of Vinton (PDF, 159 Kb)
Issue: 1) Whether defendants can be awarded attorney's fees under 42 U.S.C. § 1988 in an action based on a dismissal of a claim, when the plaintiff has asserted other interrelated and non-frivolous claims; and 2) whether it is improper to award defendants all of the attorney's fees they incurred in an action under 42 U.S.C. § 1988, when the fees were spent defending non-frivolous claims that were intertwined with the frivolous claim.
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