[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.

[Sandy]

42 U.S. Code, Section 1988, provides for fees in such cases and leaves it up to the court's discretion.

The operative phrase in 1988(b) is "prevailing party". A moot case has no prevailing party.