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To: Physicist
Here's some info on cases where fees were sought under that part of the USC. There's a lot of cases on the subject, but it seems (on a very quick, non-authoritative reading) that the issue isn't whether the original case had merit, only whether the teamsters prevailed:

HERE. EASTERN DISTRICT OF PENNSYLVANIA. Fees awarded. No opposition or appeal.
HERE. Successful appeal of an allegedly inadequate fee award.

57 posted on 09/26/2003 7:37:24 AM PDT by PatrickHenry (The "Agreement of the Willing" is posted at the end of my personal profile page.)
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To: PatrickHenry
Here's some info on cases where fees were sought under that part of the USC.

Your post reinforces my point. in the case you cited the GOVERNMENT had to pay the plaintiff's legal fees -- the cited provision in the law is intended to remove the financial obstacle that would inhibit ordinary citizens from taking an action against the government or state-actors to enforce a civil rights violation.

It would be unheard of to use that against a PLAINTIFF, especially one who had a colorable case (and a remaining viable cause-of-action) like the case at hand.

62 posted on 09/26/2003 8:29:01 AM PDT by WL-law
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