[Sandy]

the important thing was to get an injunction against the unconstitutional policy. A mere withdrawal of the policy at that point would have accomplished nothing, and the legal fees would still have been awarded. There was no way to stop that.

I don't think so. If the district court had dismissed the case as moot, the plaintiffs wouldn't be considered a "prevailing party" and therefore wouldn't be eligible for attorney's fees.

[PatrickHenry]

The award of attorney fees flows from the civil rights act under which the complaint was filed: 42 U.S. Code, Section 1983. A related section, 42 U.S. Code, Section 1988, provides for fees in such cases and leaves it up to the court's discretion.