buckhannon
board
care
home
et
al
west
virginia
department
health
human
resources
et
argued
february
decided
may
buckhannon
board
care
home
operates
assisted
living
residences
failed
inspection
west
virginia
fire
marshal
office
residents
incapable
defined
state
law
receiving
orders
close
facilities
buckhannon
others
hereinafter
petitioners
brought
suit
federal
district
state
state
agencies
officials
hereinafter
respondents
seeking
declaratory
injunctive
relief
requirement
violated
fair
housing
amendments
act
fhaa
americans
disabilities
act
ada
respondents
agreed
stay
orders
pending
case
resolution
state
legislature
eliminated
requirement
district
granted
respondents
motion
dismiss
case
moot
petitioners
requested
attorney
fees
prevailing
party
fhaa
ada
basing
entitlement
catalyst
theory
posits
plaintiff
prevailing
party
achieves
desired
result
lawsuit
brought
voluntary
change
defendant
conduct
fourth
circuit
previously
rejected
catalyst
theory
district
denied
motion
fourth
circuit
affirmed
held
catalyst
theory
permissible
basis
award
attorney
fees
fhaa
ada
american
rule
parties
ordinarily
required
bear
attorney
fees
courts
follow
general
practice
awarding
fees
prevailing
party
absent
explicit
statutory
authority
key
tronic
congress
employed
legal
term
art
prevailing
party
numerous
statutes
authorizing
awards
attorney
fees
prevailing
party
one
awarded
relief
see
hanrahan
hampton
judgments
merits
consent
decrees
create
material
alteration
parties
legal
relationship
thus
permit
award
catalyst
theory
however
allows
award
judicially
sanctioned
change
parties
legal
relationship
defendant
voluntary
change
conduct
although
perhaps
accomplishing
plaintiff
sought
achieve
lawsuit
lacks
necessary
judicial
imprimatur
change
legislative
history
cited
petitioners
best
ambiguous
availability
catalyst
theory
particularly
view
american
rule
history
clearly
insufficient
alter
clear
meaning
prevailing
party
statutes
given
meaning
need
determine
way
petitioners
various
policy
arguments
cut
pp
affirmed
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
scalia
filed
concurring
opinion
thomas
joined
ginsburg
filed
dissenting
opinion
stevens
souter
breyer
joined
buckhannon
board
care
home
et
petitioners
west
virginia
department
health
human
resources
et
al
writ
certiorari
appeals
fourth
circuit
may
chief
justice
rehnquist
delivered
opinion
numerous
federal
statutes
allow
courts
award
attorney
fees
costs
prevailing
party
question
presented
whether
term
includes
party
failed
secure
judgment
merits
consent
decree
nonetheless
achieved
desired
result
lawsuit
brought
voluntary
change
defendant
conduct
hold
buckhannon
board
care
home
operates
care
homes
provide
assisted
living
residents
failed
inspection
west
virginia
office
state
fire
marshal
residents
incapable
defined
state
law
see
code
requiring
residents
residential
board
care
homes
capable
capable
moving
situations
involving
imminent
danger
fire
code
state
rules
tit
ser
october
receiving
cease
desist
orders
requiring
closure
residential
care
facilities
within
days
buckhannon
board
care
home
behalf
similarly
situated
homes
residents
hereinafter
petitioners
brought
suit
district
northern
district
west
virginia
state
west
virginia
two
agencies
individuals
hereinafter
respondents
seeking
declaratory
injunctive
requirement
violated
fair
housing
amendments
act
fhaa
stat
et
americans
disabilities
act
ada
stat
et
seq
respondents
agreed
stay
enforcement
cease
desist
orders
pending
resolution
case
parties
began
discovery
west
virginia
legislature
enacted
two
bills
eliminating
requirement
see
acts
amending
regulations
ii
acts
amending
statute
respondents
moved
dismiss
case
moot
district
granted
motion
finding
legislation
eliminated
allegedly
offensive
provisions
indication
west
virginia
legislature
repeal
petitioners
requested
attorney
fees
prevailing
party
fhaa
discretion
may
allow
prevailing
party
reasonable
attorney
fee
costs
ada
discretion
may
allow
prevailing
party
reasonable
attorney
fee
including
litigation
expenses
costs
petitioners
argued
entitled
attorney
fees
catalyst
theory
posits
plaintiff
prevailing
party
achieves
desired
result
lawsuit
brought
voluntary
change
defendant
conduct
although
courts
appeals
recognize
catalyst
theory
appeals
fourth
circuit
rejected
state
bd
ed
en
banc
person
may
prevailing
party
except
virtue
obtained
enforceable
judgment
consent
decree
settlement
giving
legal
relief
sought
district
accordingly
denied
motion
reason
appeals
affirmed
unpublished
per
curiam
opinion
judgt
order
reported
resolve
disagreement
amongst
courts
appeals
granted
certiorari
affirm
parties
ordinarily
required
bear
attorney
fees
prevailing
party
entitled
collect
loser
see
alyeska
pipeline
service
wilderness
society
american
rule
follow
general
practice
awarding
fees
prevailing
party
absent
explicit
statutory
authority
key
tronic
congress
however
authorized
award
attorney
fees
prevailing
party
numerous
statutes
addition
issue
civil
rights
act
stat
voting
rights
act
amendments
stat
civil
rights
attorney
fees
awards
act
stat
see
generally
marek
chesny
appendix
opinion
brennan
dissenting
designating
parties
eligible
award
litigation
costs
congress
employed
term
prevailing
party
legal
term
art
black
law
dictionary
ed
defines
prevailing
party
party
whose
favor
judgment
rendered
regardless
amount
damages
awarded
award
attorney
fees
prevailing
party
also
termed
successful
party
view
prevailing
party
one
awarded
relief
distilled
prior
hanrahan
hampton
per
curiam
reviewed
legislative
history
found
congress
intended
permit
interim
award
counsel
fees
party
prevailed
merits
least
claims
espect
ordinary
language
requires
plaintiff
receive
least
relief
merits
claim
said
prevail
hewitt
helms
held
even
award
nominal
damages
suffices
test
see
farrar
hobby
addition
judgments
merits
held
settlement
agreements
enforced
consent
decree
may
serve
basis
award
attorney
fees
see
maher
gagne
although
consent
decree
always
include
admission
liability
defendant
see
nonetheless
chang
legal
relationship
plaintiff
defendant
texas
state
teachers
assn
garland
independent
school
citing
hewitt
supra
rhodes
stewart
per
curiam
decisions
taken
together
establish
enforceable
judgments
merits
consent
decrees
create
material
alteration
legal
relationship
parties
necessary
permit
award
attorney
fees
see
also
hanrahan
supra
seems
clearly
intent
congress
permit
interlocutory
award
party
established
entitlement
relief
merits
claims
either
trial
appeal
emphasis
added
think
however
catalyst
theory
falls
side
line
examples
allows
award
judicially
sanctioned
change
legal
relationship
parties
even
limited
form
catalyst
theory
plaintiff
recover
attorney
fees
established
complaint
sufficient
merit
withstand
motion
dismiss
lack
jurisdiction
failure
state
claim
relief
may
granted
brief
amicus
curiae
type
legal
merit
prior
decisions
based
upon
plain
language
congressional
intent
found
necessary
indeed
held
hewitt
interlocutory
ruling
reverses
dismissal
failure
state
claim
stuff
legal
victories
made
see
also
hanrahan
supra
reversal
directed
verdict
defendant
make
plaintiff
prevailing
party
defendant
voluntary
change
conduct
although
perhaps
accomplishing
plaintiff
sought
achieve
lawsuit
lacks
necessary
judicial
imprimatur
change
precedents
thus
counsel
holding
term
prevailing
party
authorizes
award
attorney
fees
without
corresponding
alteration
legal
relationship
parties
dissenters
chide
us
upsetting
circuit
precedent
post
emphasis
added
justice
scalia
points
concurrence
several
courts
appeals
relied
upon
dicta
prior
cases
approving
catalyst
theory
see
post
see
also
supra
issue
squarely
presented
behooves
us
reconcile
plain
language
statutes
prior
holdings
awarded
attorney
fees
plaintiff
received
judgment
merits
see
farrar
supra
obtained
consent
decree
maher
supra
awarded
attorney
fees
plaintiff
secured
reversal
directed
verdict
see
hanrahan
supra
acquired
judicial
pronouncement
defendant
violated
constitution
unaccompanied
judicial
relief
hewitt
supra
emphasis
added
never
awarded
attorney
fees
nonjudicial
alteration
actual
circumstances
post
urging
expansion
precedents
front
dissenters
simultaneously
abrogate
merit
requirement
prior
cases
award
attorney
fees
plaintiff
claim
least
colorable
groundless
post
internal
quotation
marks
citation
omitted
agree
term
prevailing
party
authorizes
federal
courts
award
attorney
fees
plaintiff
simply
filing
nonfrivolous
nonetheless
potentially
meritless
lawsuit
never
determined
reached
destination
without
obtaining
judicial
relief
post
internal
quotation
marks
citation
omitted
petitioners
nonetheless
argue
legislative
history
civil
rights
attorney
fees
awards
act
supports
broad
reading
prevailing
party
includes
catalyst
theory
doubt
legislative
history
overcome
think
rather
clear
meaning
prevailing
party
term
actually
used
statute
since
resorted
history
garland
maher
hanrahan
however
likewise
house
report
phrase
prevailing
party
intended
limited
victor
entry
final
judgment
following
full
trial
merits
senate
report
explains
parties
may
considered
prevailed
vindicate
rights
consent
judgment
without
formally
obtaining
relief
petitioners
argue
reports
reference
decision
appeals
eighth
circuit
parham
southwestern
bell
telephone
indicate
congress
intent
adopt
catalyst
theory
think
legislative
history
cited
petitioners
best
ambiguous
availability
catalyst
theory
awarding
attorney
fees
particularly
view
american
rule
attorney
fees
awarded
absent
explicit
statutory
authority
legislative
history
clearly
insufficient
alter
accepted
meaning
statutory
term
key
tronic
see
also
hanrahan
supra
nly
party
prevailed
merits
least
claims
determination
substantial
rights
parties
congress
determined
necessary
foundation
departing
usual
rule
country
party
bear
expense
attorney
quoting
petitioners
finally
assert
catalyst
theory
necessary
prevent
defendants
unilaterally
mooting
action
judgment
effort
avoid
award
attorney
fees
also
claim
rejection
catalyst
theory
deter
plaintiffs
meritorious
expensive
cases
bringing
suit
skeptical
assertions
entirely
speculative
unsupported
empirical
evidence
whether
number
suits
brought
fourth
circuit
declined
relation
circuits
since
decision
petitioners
discount
disincentive
catalyst
theory
may
upon
defendant
decision
voluntarily
change
conduct
conduct
may
illegal
defendants
potential
liability
fees
kind
litigation
significant
sometimes
even
significant
potential
liability
merits
evans
jeff
possibility
assessed
attorney
fees
may
well
deter
defendant
altering
conduct
petitioners
fear
mischievous
defendants
materializes
claims
equitable
relief
long
plaintiff
cause
action
damages
defendant
change
conduct
moot
even
clear
often
courts
find
case
mooted
well
settled
defendant
voluntary
cessation
challenged
practice
deprive
federal
power
determine
legality
practice
unless
absolutely
clear
allegedly
wrongful
behavior
reasonably
expected
recur
friends
earth
laidlaw
environmental
services
toc
internal
quotation
marks
citations
omitted
case
found
moot
plaintiff
later
procures
enforceable
judgment
may
course
award
attorney
fees
given
possibility
defendant
strong
incentive
enter
settlement
agreement
negotiate
attorney
fees
costs
cf
marek
chesny
defendant
unwilling
make
binding
settlement
offer
terms
left
exposed
liability
attorney
fees
whatever
amount
might
fix
motion
plaintiff
internal
quotation
marks
citation
omitted
also
stated
request
attorney
fees
result
second
major
litigation
hensley
eckerhart
accordingly
avoided
interpretation
statutes
spawn
ed
second
litigation
significant
dimension
garland
given
clear
meaning
prevailing
party
statutes
need
determine
way
various
policy
arguments
cut
alyeska
said
congress
extended
roving
authority
judiciary
allow
counsel
fees
costs
otherwise
whenever
courts
might
deem
warranted
disregard
clear
legislative
language
holdings
prior
cases
basis
policy
arguments
similar
assumption
roving
authority
reasons
stated
hold
catalyst
theory
permissible
basis
award
attorney
fees
fhaa
ada
judgment
appeals
affirmed
buckhannon
board
care
home
et
petitioners
west
virginia
department
health
human
resources
et
al
writ
certiorari
appeals
fourth
circuit
may
justice
scalia
justice
thomas
joins
concurring
join
opinion
entirety
write
respond
greater
length
contentions
dissent
prevailing
party
newfangled
legal
term
invented
use
statutes
long
established
practice
universally
recognized
rule
common
law
actions
law
prevailing
party
entitled
recover
judgment
costs
mansfield
swan
costs
usually
allowed
prevailing
party
incident
judgment
since
statute
edw
rule
acknowledged
courts
time
judicial
system
organized
weighed
light
several
provisions
judiciary
act
conclusion
appears
clear
congress
intended
allow
costs
prevailing
party
incident
judgment
baltimore
wall
term
found
within
statutes
large
since
least
bankruptcy
act
provided
party
prevailing
suit
shall
entitled
costs
adverse
party
act
mar
ch
stat
see
also
act
mar
ch
stat
government
shall
put
issue
right
plaintiff
recover
may
discretion
allow
costs
prevailing
party
time
joining
issue
computer
search
shows
term
prevailing
party
appears
least
times
current
code
stranger
law
time
enacted
know
case
state
federal
either
statutory
invocation
prevailing
party
rule
catalyst
theory
enunciated
basis
awarding
costs
indeed
dissent
cites
one
case
although
catalyst
theory
expressed
costs
awarded
reason
catalyst
theory
support
today
holding
baldwin
chesapeake
potomac
tel
md
costs
awarded
granting
appellee
motion
dismiss
appeal
made
unnecessary
inquire
merits
suit
dismissal
based
act
appellee
performed
institution
suit
entry
appeal
case
irrelevant
meaning
prevailing
party
case
equity
mansfield
observed
costs
awarded
actions
law
prevailing
party
see
equity
award
costs
equities
case
might
require
getz
johnston
md
see
also
horn
bohn
md
question
costs
equity
cases
matter
resting
sound
discretion
exercise
appeal
lie
internal
quotation
marks
citation
omitted
state
cases
dissent
cites
awarding
costs
despite
absence
judgment
involve
judicial
finding
equivalent
acknowledgement
defendant
merits
plaintiff
moreover
dissent
cites
single
case
even
federal
applying
federal
law
prior
enactment
statutes
issue
regarded
prevailing
party
litigant
left
courthouse
emptyhanded
term
means
dissent
contends
remarkable
absence
authority
judicial
finding
liability
understood
requirement
prevailing
confirmed
many
statutes
use
phrase
context
presumes
existence
judicial
ruling
see
employee
prevailing
party
decision
based
finding
prohibited
personnel
practice
providing
award
attorney
fees
prevailing
party
regardless
basis
decision
allowing
prevailing
party
obtain
interlocutory
award
relief
provided
decision
permitting
administrative
law
judge
award
attorney
fee
prevailing
party
losing
party
argument
without
reasonable
foundation
law
fact
supp
allowing
district
award
prevailing
party
attorney
fee
addition
monetary
damages
dissent
points
post
prison
litigation
reform
act
limits
attorney
fees
amount
proportionately
related
ordered
relief
violation
shows
sometimes
congress
explicitly
tightly
bind
fees
judgments
post
inviting
dissent
believes
conclusion
prevailing
party
fasten
fees
judgments
conclusion
follow
premise
statutory
provision
demonstrates
use
phrase
prevailing
party
way
impose
requirement
relief
assuredly
true
rational
reject
normal
meaning
prevailing
party
statutes
produce
result
different
language
conclude
since
many
synonyms
word
jump
word
jump
must
mean
something
else
undoubtedly
true
dissent
points
quoting
nonlegal
dictionary
see
post
word
prevailing
meanings
contexts
prevailing
winds
winds
predominate
prevailing
party
election
party
wins
election
prevailing
party
used
courts
legislatures
context
lawsuit
term
art
traditionally
knowledge
prior
enactment
first
statutes
issue
invariably
meant
party
wins
suit
obtains
finding
admission
liability
party
ultimately
gets
way
adversary
dies
suit
comes
judgment
party
gets
way
circumstances
change
victory
legal
point
side
turns
practical
victory
party
gets
way
side
ceases
whatever
reason
offensive
conduct
nuisance
suit
mooted
defendant
asphalt
plant
gone
bankrupt
ceased
operations
one
normally
call
plaintiff
prevailing
party
make
difference
far
propriety
characterization
concerned
plant
go
bankrupt
moved
new
location
avoid
expense
litigation
one
sense
plaintiff
prevailed
prevailing
party
lawsuit
words
acquired
specialized
meaning
legal
context
must
accorded
legal
meaning
congress
borrows
terms
art
accumulated
legal
tradition
meaning
centuries
practice
presumably
knows
adopts
cluster
ideas
attached
borrowed
word
body
learning
taken
meaning
use
convey
judicial
mind
unless
otherwise
instructed
case
absence
contrary
direction
may
taken
satisfaction
widely
accepted
definitions
departure
morissette
cases
cited
dissent
treated
black
law
dictionary
preclusively
definitive
post
inapposite
pioneer
investment
services
brunswick
associates
partnership
rodgers
rejected
black
definition
conflicted
precedent
see
pioneer
supra
rodgers
supra
dissent
simply
reject
relevant
definition
word
tailored
judicial
settings
favor
general
definition
another
dictionary
ii
dissent
distorts
term
prevailing
party
beyond
normal
meaning
policy
reasons
even
seem
misguided
rest
upon
presumption
catalyst
theory
applies
suit
merit
led
defendant
abandon
fray
switch
rather
fight
accord
plaintiff
sooner
rather
later
principal
redress
sought
complaint
post
emphasis
added
dissent
giving
term
normal
meaning
today
approves
practice
denying
attorney
fees
plaintiff
proven
claim
discrimination
simply
merit
claim
led
defendant
capitulate
judgment
case
contrary
approves
result
parham
southwestern
bell
tel
attorney
fees
awarded
finding
defendant
acted
unlawfully
ante
dissent
stretching
term
produces
something
something
far
less
reasonable
award
attorney
fees
merits
plaintiff
case
remain
unresolved
one
knows
defendant
abandon
ed
fray
cost
litigation
either
financial
terms
public
relations
great
case
plaintiff
may
prevailed
webster
defines
term
gain
ed
victory
virtue
strength
superiority
see
post
doubt
greater
strength
financial
resources
superiority
media
manipulation
rather
superiority
legal
merit
congress
intended
reward
argued
perhaps
insofar
abstract
justice
concerned
little
choose
dissent
outcome
former
sometimes
rewards
plaintiff
phony
claim
way
knowing
latter
sometimes
denies
fees
plaintiff
solid
case
whose
adversary
slinks
away
eve
judgment
seems
evil
former
far
outweighs
evil
latter
difference
world
rule
denies
extraordinary
boon
attorney
fees
plaintiffs
less
deserving
others
receive
rule
causes
law
instrument
wrong
exacting
payment
attorney
fees
extortionist
true
monetary
settlements
consent
decrees
extorted
well
approved
award
attorney
fees
cases
resolved
mechanisms
see
ante
citing
cases
decision
statute
makes
plaintiff
prevailing
party
circumstances
based
entirely
language
house
report
see
maher
gagne
issue
arise
first
time
today
doubt
whether
agree
result
see
hewitt
helms
scalia
opining
espect
ordinary
language
requires
plaintiff
receive
least
relief
merits
claim
said
prevail
emphasis
added
case
settlements
consent
decrees
even
judicial
determination
merits
outcome
least
product
bears
sanction
judicial
action
lawsuit
least
basis
saying
party
favored
settlement
decree
prevailed
suit
extending
holding
maher
case
judicial
action
whatever
taken
stretches
term
prevailing
party
potential
injustice
maher
produces
beyond
normal
meaning
term
litigation
context
conceivably
support
dissent
points
petitioners
object
bringing
suit
obtain
judge
approbation
stop
enforcement
west
virginia
rule
post
see
also
hewitt
supra
true
enough
even
dissent
claims
petitioner
accumulated
attorney
fees
preparing
threatened
complaint
never
filed
prior
defendant
voluntary
cessation
offending
behavior
plaintiff
recover
fees
countertextual
since
statutes
require
action
proceeding
see
supp
legal
parlance
though
general
usage
means
lawsuit
see
post
concluding
party
deemed
prevailing
result
postcomplaint
payment
change
conduct
leave
achievement
broad
congressional
purpose
identified
dissent
unsatisfactorily
incomplete
failure
award
fees
decree
dissent
rhetorically
asks
never
mind
language
statute
congress
want
award
fees
judgment
deny
fees
defendant
capitulates
eve
judgment
also
fair
us
ask
congress
want
award
fees
suit
filed
deny
fees
defendant
capitulates
threat
filing
surely
determination
whether
suit
actually
contemplated
threatened
difficult
proof
takes
threatening
letter
batch
timesheets
surely
obstacle
deter
congress
according
dissent
willing
let
district
judges
pursue
much
evasive
called
catalyst
district
courts
asks
dissent
post
point
take
twisting
language
produce
prelitigation
attorney
fees
produce
decreeless
attorney
fees
dissent
favors
though
may
well
true
point
departure
normal
usage
dissent
favors
justified
ground
establishes
regime
logical
even
handedness
must
cutoff
seemingly
equivalent
entitlements
fees
either
failure
file
suit
time
failure
obtain
judgment
time
term
prevailing
party
suggests
latter
rather
former
one
prevail
suit
never
determined
dissent
ultimate
worry
today
opinion
impede
access
less
post
course
catalyst
theory
also
harms
less
putting
pressure
avoid
risk
massive
fees
abandoning
solidly
defensible
case
early
litigation
since
statutes
issue
allow
defendants
well
plaintiffs
receive
fee
award
know
congress
intend
maximize
quantity
enforcement
federal
law
private
attorneys
general
ibid
rather
congress
desired
appropriate
level
enforcement
likely
produced
limiting
fee
awards
plaintiffs
prevail
merits
least
achieve
enforceable
alteration
legal
relationship
parties
permitting
inquiry
approved
iii
dissent
points
catalyst
theory
accepted
clear
majority
federal
circuits
post
disagreeing
clear
majority
circuits
rare
phenomenon
indeed
opinions
sometimes
contradict
unanimous
interpretation
lower
federal
courts
see
mcnally
stevens
dissenting
decision
contradicted
consider
question
dissent
insistence
defer
clear
majority
circuit
opinion
particularly
peculiar
present
case
since
majority
nurtured
preserved
misleading
dicta
unfortunately
contributed
circuit
cases
cited
dissent
post
reaffirming
catalyst
theory
decision
farrar
hobby
relied
earlier
opinion
hewitt
see
marbley
bane
relying
hewitt
support
catalyst
theory
payne
board
baumgartner
harrisburg
housing
explicitly
rejecting
farrar
favor
hewitt
zinn
shalala
beard
teska
morris
west
palm
beach
deferring
colleagues
error
bad
enough
enshrining
error
improvidently
suggested
blaming
judgment
colleagues
surely
informing
courts
appeals
dicta
misled
displays
seems
disrespect
becoming
humility
today
concludes
party
deemed
prevailed
purposes
statutes
unless
enforceable
alteration
legal
relationship
parties
normal
meaning
prevailing
party
litigation
proper
basis
departing
normal
meaning
congress
free
course
revise
provisions
guess
create
sort
inequity
catalyst
theory
invites
require
determine
least
substantial
likelihood
party
requesting
fees
prevailed
buckhannon
board
care
home
et
petitioners
west
virginia
department
health
human
resources
et
al
writ
certiorari
appeals
fourth
circuit
may
justice
ginsburg
justice
stevens
justice
souter
justice
breyer
join
dissenting
today
holds
plaintiff
whose
suit
prompts
precise
relief
seeks
prevail
hence
obtain
award
attorney
fees
unless
also
secures
entry
memorializing
victory
entry
need
judgment
merits
need
finding
wrongdoing
settlement
insistence
document
filed
litigated
judgment
settlement
upsets
circuit
precedent
applicable
scores
federal
statutes
decision
allows
defendant
escape
statutory
obligation
pay
plaintiff
counsel
fees
even
though
suit
merit
led
defendant
abandon
fray
switch
rather
fight
accord
plaintiff
sooner
rather
later
principal
redress
sought
complaint
concomitantly
constricted
definition
prevailing
party
consequent
rejection
catalyst
theory
impede
access
less
shrink
incentive
congress
created
enforcement
federal
law
private
attorneys
general
view
catalyst
rule
applied
clear
majority
federal
circuits
key
component
statutes
congress
adopted
advance
enforcement
civil
rights
nothing
history
precedent
plain
english
warrants
anemic
construction
term
prevailing
party
today
imposes
petitioner
buckhannon
board
care
home
buckhannon
operates
residential
care
homes
elderly
persons
need
assisted
living
nursing
services
among
buckhannon
residents
october
dorsey
pierce
pierce
resided
buckhannon
four
years
daughter
lived
nearby
care
provided
buckhannon
met
pierce
needs
west
virginia
rule
prohibiting
homes
like
buckhannon
accommodating
persons
unable
exit
premises
without
assistance
event
fire
pierce
two
buckhannon
residents
get
fire
exit
without
aid
informed
residents
limitations
west
virginia
officials
proceeded
buckhannon
noncompliance
rule
october
three
orders
issued
commanding
buckhannon
cease
operating
effect
relocation
existing
population
within
thirty
days
app
ten
days
later
buckhannon
pierce
together
organization
residential
homes
another
buckhannon
resident
hereinafter
plaintiffs
commenced
litigation
federal
district
overturn
orders
rule
rested
sued
state
state
agencies
officials
hereinafter
defendants
alleging
rule
discriminated
persons
disabilities
violation
fair
housing
amendments
act
fhaa
et
americans
disabilities
act
ada
et
seq
plaintiffs
sought
immediate
order
stopping
defendants
closing
buckhannon
facilities
injunctive
relief
permanently
barring
enforcement
requirement
damages
attorney
fees
november
hearing
plaintiffs
request
temporary
restraining
order
defendants
agreed
entry
interim
order
allowing
buckhannon
remain
open
without
changing
individual
plaintiffs
housing
care
discovery
followed
january
facing
state
defendants
sovereign
immunity
pleas
plaintiffs
stipulated
dismissal
demands
damages
february
response
defendants
motion
dispose
remainder
case
summarily
district
determined
plaintiffs
presented
triable
claims
fhaa
ada
less
month
district
found
plaintiffs
entitled
trial
west
virginia
legislature
repealed
rule
plaintiffs
still
allege
seek
prove
suit
triggered
statutory
repeal
rule
demise
defendants
moved
dismiss
case
moot
plaintiffs
sought
attorney
fees
prevailing
parties
fhaa
ada
finding
likelihood
west
virginia
reenact
rule
district
agreed
state
action
rendered
case
moot
turning
plaintiffs
application
attorney
fees
district
followed
fourth
circuit
precedent
requiring
denial
fees
unless
termination
action
accompanied
judgment
consent
decree
plaintiffs
appeal
mootness
determination
fourth
circuit
affirmed
denial
attorney
fees
sum
plaintiffs
denied
fees
failed
achieve
relief
sought
contrary
gained
change
sought
lawsuit
west
virginia
repealed
rule
stopped
buckhannon
caring
people
like
dorsey
prior
every
federal
appeals
except
federal
circuit
addressed
issue
concluded
plaintiffs
situations
like
buckhannon
pierce
obtain
fee
award
suit
acted
catalyst
change
sought
even
obtain
judgment
consent
courts
appeals
found
clear
party
may
considered
prevailed
even
legal
action
stops
short
final
judgment
due
intervening
mootness
grano
barry
cadc
interpreting
term
prevailing
party
practical
sense
stewart
hannon
citation
omitted
federal
courts
across
country
held
party
prevails
purposes
ends
accomplished
result
litigation
associated
builders
contractors
orleans
parish
school
citation
internal
quotation
marks
omitted
fourth
circuit
en
banc
dividing
broke
ranks
sister
courts
declared
light
farrar
hobby
plaintiff
become
prevailing
party
without
enforceable
judgment
consent
decree
settlement
state
bd
ed
today
acknowledges
see
ante
previously
observed
language
fourth
circuit
relied
dictum
farrar
involved
catalytic
effect
issue
plainly
presented
decision
farrar
friends
earth
laidlaw
environmental
services
toc
fourth
circuit
en
banc
ruling
nine
courts
appeals
reaffirmed
consistently
held
interpretation
term
prevail
predominant
view
ecuring
enforceable
decree
agreement
may
evidence
prevailing
party
status
judgment
agreement
simply
embodies
enforces
sought
bringing
lawsuit
victory
achieved
well
short
final
judgment
equivalent
marbley
bane
jacobs
array
federal
decisions
applying
catalyst
rule
suggested
three
conditions
necessary
party
qualification
prevailing
short
favorable
final
judgment
consent
decree
plaintiff
first
show
defendant
provided
benefit
sought
lawsuit
wheeler
towanda
area
school
circuits
precedents
plaintiff
demonstrate
well
suit
stated
genuine
claim
one
least
colorable
frivolous
unreasonable
groundless
grano
internal
quotation
marks
citation
omitted
plaintiff
finally
establish
suit
substantial
significant
cause
defendant
action
providing
relief
williams
leatherbury
circuits
make
causation
showing
plaintiff
satisfy
trial
suit
achieved
results
threat
victory
dint
nuisance
threat
expense
marbley
see
also
hooper
demco
render
plaintiff
prevailing
party
suit
must
prompted
defendant
act
cease
behavior
based
strength
case
wholly
one
crossed
three
thresholds
recognized
prevailing
party
district
discretion
supra
award
attorney
fees
developed
decades
legions
decisions
catalyst
rule
implementing
standards
deserve
respect
approbation
ii
today
detects
clear
meaning
term
prevailing
party
ante
heretofore
eluded
large
majority
courts
construing
words
prevailing
party
today
opinion
announces
means
one
awarded
relief
ante
derives
clear
meaning
principally
black
law
dictionary
defines
prevailing
party
critical
part
one
whose
favor
judgment
rendered
ante
quoting
black
law
dictionary
ed
one
entirely
agree
black
law
dictionary
party
whose
favor
judgment
rendered
prevails
time
resist
courts
appeals
implication
party
may
prevail
prior
cases
treated
black
law
dictionary
preclusively
definitive
instead
accorded
statutory
terms
including
legal
term
art
ante
opinion
ante
scalia
concurring
contextual
reading
see
pioneer
investment
services
brunswick
associates
partnership
defining
excusable
neglect
used
federal
rule
bankruptcy
procedure
broadly
black
defines
term
rodgers
adopting
natural
nontechnical
definition
word
jurisdiction
term
used
declining
confine
definition
narrower
technical
meanings
citing
black
notably
refer
black
law
dictionary
maher
gagne
held
consent
decree
qualify
plaintiff
prevailing
explained
fact
plaintiff
prevailed
settlement
rather
litigation
weaken
claim
fees
nothing
language
conditions
district
power
award
fees
full
litigation
issues
judicial
determination
plaintiff
rights
violated
spare
prevailing
party
language
provision
applicable
maher
similar
wording
provisions
contrast
prescriptions
tightly
bind
fees
judgments
exclude
application
catalyst
concept
prison
litigation
reform
act
example
directs
fee
awards
prisoners
proportionately
related
ordered
relief
violation
stat
amended
supp
iv
emphasis
added
statute
express
terms
forecloses
award
prisoner
catalyst
theory
fhaa
ada
prescriptions
modeled
unmodified
see
supra
similarly
staple
fee
awards
ordered
relief
terms
foreclose
catalyst
theory
altogether
true
concurring
opinion
points
ante
litigation
costs
attorney
fees
traditionally
allowed
prevailing
party
judgment
winner
ordinarily
fits
description
true
however
precedent
costs
calls
judgment
requirement
ironly
adopts
today
attorney
fees
indeed
first
decision
cited
concurring
opinion
mansfield
swan
see
ante
tugs
restrictive
rule
today
decision
installs
mansfield
plaintiffs
commenced
contract
action
state
plaintiffs
objections
defendants
successfully
removed
suit
federal
plaintiffs
prevailed
merits
defendants
obtained
review
see
determined
motion
federal
jurisdiction
absent
start
based
determination
reversed
lower
judgment
plaintiffs
worse
entering
leaving
courthouse
equally
emptyhanded
ante
concurring
opinion
plaintiffs
mansfield
stripped
judgment
including
judicial
finding
merits
favor
ante
concurring
opinion
mansfield
plaintiffs
however
achieve
small
consolation
awarded
costs
well
recognizing
defendants
prevail
ed
formal
nominal
sense
mansfield
nonetheless
concluded
true
proper
sense
defendants
losing
prevailing
party
mansfield
casts
doubt
present
majority
formal
nominal
approach
decision
consider
whether
costs
order
plaintiff
obtains
substantial
relief
final
judgment
single
case
concurring
opinion
today
relies
ante
however
enlightening
analogies
multiple
instances
state
high
courts
regarded
plaintiffs
prevailing
costs
taxation
purposes
defendants
voluntary
conduct
mooting
suit
provided
relief
plaintiffs
concurring
opinion
labors
unconvincingly
distinguish
state
law
similar
federal
practice
observed
cases
governed
federal
rule
civil
procedure
default
rule
allowing
costs
prevailing
party
unless
otherwise
directs
see
wright
miller
kane
federal
practice
procedure
pp
ed
defendant
alters
conduct
plaintiff
claim
injunctive
relief
becomes
moot
judgment
reached
costs
may
allowed
rule
finds
changes
result
least
part
plaintiff
litigation
citing
inter
alia
black
hills
alliance
regional
forester
supp
nd
short
substantial
support
old
new
federal
state
costs
award
discretion
supra
plaintiff
whose
suit
prompts
defendant
provide
relief
plaintiff
seeks
recognizing
practice
set
stone
statute
rule
precedent
see
infra
dictates
proper
construction
modern
civil
rights
prescriptions
assume
congress
intends
words
enactments
carry
ordinary
contemporary
common
meaning
pioneer
defining
bribery
see
also
sutton
air
lines
defining
substantially
light
ordinary
usage
rutledge
similarly
defining
concert
everyday
use
prevail
means
gain
victory
virtue
strength
superiority
win
mastery
triumph
webster
third
new
international
dictionary
undoubtedly
situations
individual
goal
obtain
approval
judge
situations
one
prevail
short
judge
formal
declaration
piano
competition
figure
skating
contest
example
person
prevails
person
declared
winner
judges
however
ultimate
goal
arbiter
approval
favorable
alteration
actual
circumstances
formal
declaration
essential
western
democracies
instance
prevailed
cold
war
even
though
soviet
union
never
formally
surrendered
among
television
viewers
john
kennedy
prevailed
first
debate
richard
nixon
presidential
contest
even
though
moderator
howard
smith
never
declared
winner
see
white
making
president
pp
lawsuit
ultimate
purpose
achieve
actual
relief
opponent
favorable
judgment
may
instrumental
gaining
relief
generally
however
judicial
decree
end
means
end
rainbow
lies
judgment
action
cessation
action
defendant
hewitt
helms
common
understanding
party
reaches
destination
party
prevails
regardless
route
taken
hennigan
ouachita
parish
school
fair
reading
fhaa
ada
provisions
point
hold
party
prevails
true
proper
sense
mansfield
achieves
instituting
litigation
practical
relief
sought
complaint
misreads
congress
see
insisting
invariably
relief
must
displayed
judgment
correspondingly
defendant
voluntary
action
never
suffices
case
buckhannon
purpose
suing
west
virginia
officials
narrowly
obtain
judge
approbation
plaintiffs
objective
stop
enforcement
rule
requiring
buckhannon
evict
residents
like
centenarian
dorsey
pierce
price
remaining
business
buckhannon
achieved
objective
account
strength
case
see
supra
succeeded
keeping
doors
open
housing
caring
pierce
others
similarly
situated
buckhannon
properly
judged
party
prevailed
iii
courts
appeals
long
recognized
catalyst
rule
suitably
advances
congress
endeavor
place
private
actions
civil
rights
legislatively
defined
areas
securely
within
federal
law
enforcement
arsenal
catalyst
rule
stemmed
modern
legislation
extending
civil
rights
protections
enforcement
measures
civil
rights
act
included
provisions
fee
awards
prevailing
parties
title
ii
public
accommodations
title
vii
employment
title
vi
federal
programs
provisions
central
purpose
promote
vigorous
enforcement
laws
private
plaintiffs
although
using
term
prevailing
party
congress
make
fees
available
plaintiffs
defendants
equal
terms
christiansburg
garment
eeoc
title
vii
prevailing
plaintiff
qualifies
fee
award
absent
special
circumstances
prevailing
defendant
may
obtain
fee
award
plaintiff
suit
frivolous
unreasonable
without
foundation
act
came
force
courts
commenced
award
fees
regularly
statutory
authorizations
sometimes
without
authorization
see
alyeska
pipeline
service
wilderness
society
alyeska
reaffirmed
american
rule
generally
may
award
attorney
fees
without
legislative
instruction
see
provide
authorization
alyeska
required
fee
awards
title
vi
civil
rights
act
well
reconstruction
era
civil
rights
legislation
ed
supp
iv
certain
enactments
congress
passed
civil
rights
attorney
fees
awards
act
ed
supp
iv
explained
reports
supporting
civil
rights
statutes
vindicate
public
policies
highest
priority
quoting
newman
piggie
park
enterprises
per
curiam
yet
depend
heavily
private
enforcement
persons
bring
meritorious
civil
rights
claims
light
serve
private
attorneys
general
suitors
congress
recognized
often
afford
legal
counsel
therefore
experience
severe
hardshi
american
rule
congress
enacted
ensure
nonaffluent
plaintiffs
effective
access
nation
courts
enforce
civil
rights
laws
objective
accounts
provisions
case
prescriptions
fhaa
ada
modeled
see
supra
catalyst
rule
held
sway
today
plaintiffs
obtained
relief
sought
suit
genuine
claims
ordinarily
qualified
prevailing
parties
courts
discretion
award
costs
fees
persons
limited
resources
impelled
wage
total
law
order
assure
counsel
fees
paid
accept
relief
money
another
kind
voluntarily
proffered
defendant
sought
avoid
recorded
decree
rely
judge
determine
equitable
discretion
whether
counsel
fees
warranted
congress
appears
envisioned
prospect
senate
report
civil
rights
attorney
fees
awards
act
purposes
award
counsel
fees
parties
may
considered
prevailed
vindicate
rights
consent
judgment
without
formally
obtaining
relief
emphasis
added
support
report
cites
cases
parties
recovered
fees
absence
house
report
corroborates
fter
complaint
filed
defendant
might
voluntarily
cease
unlawful
practice
still
award
fees
even
though
might
conclude
matter
equity
formal
relief
injunction
needed
emphases
added
reports
courts
appeals
observed
hardly
ambiguous
compare
ante
legislative
history
best
ambiguous
dunn
florida
bar
legislative
history
evinces
clear
congressional
intent
permit
award
even
formal
judicial
relief
obtained
internal
quotation
marks
omitted
robinson
kimbrough
american
constitutional
party
munro
senate
report
directs
fee
award
catalyst
rule
congress
convinced
understood
ictory
civil
rights
suit
typically
practical
rather
strictly
legal
matter
greenwich
regional
school
dist
pontarelli
citation
omitted
iv
identifies
several
policy
arguments
might
warrant
rejection
catalyst
rule
see
ante
defendant
might
refrain
altering
conduct
fearing
liability
fees
price
voluntary
action
see
ante
moreover
rejection
catalyst
rule
limited
impact
desisting
challenged
conduct
render
case
moot
damages
sought
even
plaintiff
seeks
equitable
relief
defendant
voluntary
cessation
challenged
practice
render
case
moot
unless
absolutely
clear
allegedly
wrongful
behavior
reasonably
expected
recur
ibid
quoting
friends
earth
mootness
dismissal
easily
achieved
defendant
may
impelled
settle
negotiating
fees
less
generous
might
award
see
ante
finally
catalyst
rule
require
analysis
defendant
subjective
motivations
thus
protract
litigation
ante
declines
look
beneath
surface
arguments
placing
reliance
instead
meaning
prevailing
party
jurists
scarcely
recognize
plain
see
ibid
inspected
policy
arguments
listed
opinion
doubt
found
impressive
opposition
argument
defendants
resist
change
order
stave
award
fees
one
urge
catalyst
rule
may
lead
defendants
promptly
comply
law
requirements
longer
litigation
larger
fees
indeed
one
knows
noncompliance
expensive
might
encouraged
conform
conduct
legal
requirements
litigation
threatened
cf
hylton
fee
shifting
incentives
comply
law
vand
rev
fee
shifting
favor
prevailing
plaintiffs
enhances
incentives
comply
legal
rules
incentives
settle
disputes
doubt
mootness
dismissal
unlikely
recurrence
controversy
defendant
control
earlier
observed
see
supra
rulings
drive
plaintiff
prepared
accept
adequate
relief
though
unrecorded
litigate
catalyst
rule
leads
defendants
negotiate
settlement
terms
also
allied
counsel
fees
consummation
applaud
deplore
burden
norm
judge
case
assigned
resolve
fee
disputes
deciding
whether
award
order
amount
due
thereby
clearing
case
calendar
factfinding
becomes
necessary
catalyst
rule
sort
district
courts
factfinding
expertise
deal
regular
basis
baumgartner
harrisburg
housing
might
one
conclude
overall
courts
appeals
suggested
catalyst
rule
saves
judicial
resources
paris
department
housing
urban
development
encouraging
plaintiffs
discontinue
litigation
receiving
defendant
acquiescence
remedy
initially
sought
morris
west
palm
beach
concurring
opinion
adds
another
argument
catalyst
rule
opinion
sees
rule
accommodating
extortionist
obtains
relief
greater
strength
financial
resources
superiority
media
manipulation
rather
superiority
legal
merit
ante
concern
overlooks
character
rule
judicial
superintendence
congress
ordered
fee
allowances
catalyst
rule
auxiliary
statutes
whose
primary
purpose
promote
vigorous
enforcement
civil
rights
laws
christiansburg
garment
end
courts
deemed
catalyst
counted
substance
case
merely
plaintiff
atypically
superior
financial
resources
media
ties
political
clout
see
supra
congress
assigned
responsibility
awarding
fees
automatons
unable
recognize
extoritionists
judges
expected
instructed
exercise
discretion
see
supra
viewed
catalyst
rule
provided
berth
nuisance
suits
see
hooper
thinly
disguised
forms
extortion
tyler
corner
constr
citation
omitted
attorney
fee
precedents
correctly
observes
never
occasion
decide
whether
term
prevailing
party
allows
award
fees
catalyst
theory
language
cases
supporting
petitioners
respondents
ante
bears
emphasis
however
determining
whether
fee
shifting
order
past
placed
greatest
weight
judicial
imprimatur
ante
practical
impact
maher
gagne
held
fees
awarded
basis
consent
decree
opinion
nowhere
relied
presence
formal
judgment
see
supra
infra
years
later
hewitt
helms
suggested
fees
might
awarded
plaintiff
obtain
ed
relief
without
benefit
formal
judgment
explained
defendant
pressure
lawsuit
pays
money
claim
judicial
judgment
pronounced
defendant
pressure
suit
declaratory
judgment
alters
conduct
threatened
conduct
towards
plaintiff
conduct
basis
suit
plaintiff
prevailed
agree
apply
analysis
case
posits
merit
requirement
prior
cases
ante
maher
however
affirmed
award
attorney
fees
based
consent
decree
purport
adjudicate
plaintiff
statutory
constitutional
claims
decree
maher
explicitly
stated
nothing
therein
intended
constitute
admission
fault
either
party
ibid
catalyst
rule
short
conflicts
none
prior
holdings
ante
term
prevailing
party
statutes
accepted
meaning
ante
accepted
meaning
one
today
announces
instead
meaning
accepted
every
appeals
address
catalyst
issue
decision
hewitt
see
supra
disavowed
since
fourth
circuit
see
supra
plaintiff
prevails
federal
judges
overwhelmingly
agreed
litigated
judgment
consent
decree
settlement
ant
voluntary
postcomplaint
payment
change
duct
fact
affords
redress
plaintiff
substantial
grievances
rejects
considered
judgment
prevailing
circuits
respect
colleagues
demands
cogent
explanation
today
decision
provide
one
narrow
construction
words
prevailing
party
unsupported
precedent
unaided
history
logic
congress
prescribed
provisions
like
included
fhaa
ada
encourage
private
enforcement
laws
designed
advance
civil
rights
fidelity
purpose
calls
fees
private
party
lawsuit
whether
settlement
registered
vindicates
rights
congress
sought
secure
hold
therefore
dissent
judgment
opinion
footnotes
original
complaint
also
sought
money
damages
petitioners
relinquished
claim
january
see
app
pet
cert
district
sanctioned
respondents
federal
rule
civil
procedure
failing
timely
provide
notice
legislative
amendment
app
see
stanton
southern
berkshire
regional
school
marbley
bane
baumgartner
harrisburg
housing
authority
payne
board
zinn
shalala
little
rock
school
dist
pulaski
cty
school
kilgour
pasadena
beard
teska
morris
west
palm
beach
interpreted
provisions
consistently
see
hensley
eckerhart
approach
nearly
identical
provisions
issue
never
occasion
decide
whether
term
prevailing
party
allows
award
fees
catalyst
theory
described
dicta
hewitt
helms
alluded
possibility
attorney
fees
voluntary
action
defendant
affords
plaintiff
relief
sought
expressly
reserved
question
see
need
decide
circumstances
catalyst
theory
justify
fee
award
though
appeals
fourth
circuit
relied
upon
decision
farrar
hobby
rejecting
catalyst
theory
farrar
involved
catalytic
effect
friends
earth
laidlaw
environmental
services
toc
thus
language
cases
supporting
petitioners
respondents
last
term
observed
open
question
see
ibid
however
circumstances
prevailing
party
still
receive
award
attorney
fees
see
farrar
hobby
supra
subsequently
characterized
maher
opinion
also
allowing
award
attorney
fees
private
settlements
see
farrar
hobby
supra
hewitt
helms
supra
dicta
ignores
maher
held
fees
may
assessed
case
settled
entry
consent
decree
evans
jeff
private
settlements
entail
judicial
approval
oversight
involved
consent
decrees
federal
jurisdiction
enforce
private
contractual
settlement
often
lacking
unless
terms
agreement
incorporated
order
dismissal
see
kokkonen
guardian
life
ins
america
although
dissenters
seek
support
mansfield
swan
case
involved
costs
attorney
fees
long
established
practice
universally
recognized
rule
common
law
prevailing
party
entitled
recover
judgment
costs
rule
long
attorney
fees
ordinarily
recoverable
alyeska
pipeline
service
wilderness
society
quoting
fleischmann
distilling
maier
brewing
courts
generally
particular
presumptive
rule
costs
discretion
may
vary
see
rule
reverses
vacates
judgment
respondent
appellee
shall
pay
costs
unless
otherwise
orders
mansfield
defendants
successfully
removed
case
federal
successfully
opposed
plaintiffs
motion
remand
case
state
lost
merits
case
reversed
course
successfully
argued
lower
federal
jurisdiction
awarded
costs
plaintiffs
even
though
lost
defendants
jurisdictional
issue
question
decided
ordinary
sense
word
plaintiffs
said
prevailing
party
lost
opponents
litigated
issue
use
term
must
regarded
figurative
rather
literal
one
justifying
departure
presumptive
rule
allowing
costs
prevailing
party
obvious
equities
favoring
plaintiffs
employed
discretion
recognize
plaintiffs
victims
defendants
legally
successful
whipsawing
tactics
although
appeals
parham
awarded
attorney
fees
plaintiff
lawsuit
acted
catalyst
prompted
defendant
take
action
seeking
compliance
requirements
title
vii
finding
defendant
acted
unlawfully
see
hold
matter
law
plaintiff
evidence
established
violation
title
vii
thus
consistent
holding
farrar
parham
stands
proposition
enforceable
judgment
permits
award
attorney
fees
like
consent
decree
maher
gagne
appeals
parham
ordered
district
retain
jurisdiction
matter
reasonable
period
time
insure
continued
implementation
appellee
policy
equal
employment
opportunities
clearly
parham
support
theory
fee
shifting
untethered
material
alteration
legal
relationship
parties
defined
precedents
state
officers
acting
official
capacity
immune
suits
damages
federal
see
edelman
jordan
plaintiffs
may
bring
suit
damages
others
including
municipalities
political
subdivisions
state
see
mt
healthy
city
bd
ed
doyle
footnotes
jurisdiction
issued
baldwin
used
phrase
prevailing
party
frequently
including
equity
cases
mean
party
acquiring
judgment
see
getz
johnston
md
equity
decision
noting
reversal
following
usual
rule
costs
generally
go
prevailing
party
appellant
internal
quotation
marks
citation
omitted
see
also
hoffman
glock
md
app
md
rule
provides
unless
otherwise
provided
law
ordered
prevailing
party
shall
entitled
allowance
costs
shall
taxed
clerk
embraced
fritts
fritts
md
app
viewed
evidence
must
light
favorable
appellee
prevailing
party
volunteer
button
goode
md
app
common
law
arbitration
award
became
cause
action
favor
prevailing
party
burch
scott
wl
md
ct
demurrer
set
argued
proceeds
affirm
reverse
decree
prevailing
party
takes
deposite
decision
award
costs
mansfield
swan
tu
restrictive
rule
today
decision
installs
post
defendants
removed
case
federal
losing
merits
sought
us
vacate
judgment
basis
removal
diversity
citizenship
absent
concluded
defendants
responsible
improper
removal
first
place
judgment
effect
defeat
entire
proceeding
originated
prosecuted
words
plaintiffs
prevailed
defendants
original
position
jurisdiction
defeated
ficklen
danville
appellants
deemed
substantially
prevail
ed
appeal
appellees
abandoned
contention
made
lower
abandoned
intention
desire
rely
upon
correctness
trial
decree
talmage
monroe
cal
app
costs
awarded
defendant
complied
alternative
writ
mandamus
writ
mere
petition
led
defendant
action
scatcherd
love
wagner
wagner
cases
cited
dissent
represent
rule
adopted
settling
defendant
acknowledged
liability
scatcherd
supra
see
also
wagner
supra
rule
hardly
uniform
among
compare
citing
cases
hold
settlement
equivalent
confession
judgment
citing
cases
hold
settlement
plaintiff
recover
costs
osts
follow
judgment
final
determination
action
internal
quotation
marks
citation
omitted
think
state
cases
scatcherd
federal
case
applying
state
law
justify
expanding
federal
meaning
prevailing
party
based
confession
judgment
fiction
include
party
accepting
settlement
much
less
expand
beyond
settlements
domain
catalyst
theory
case
cited
dissent
conclusion
acknowledgment
liability
rested
something
settlement
board
ed
madison
county
fowler
one
considered
settlement
acknowledgment
liability
analogized
compliance
sought
mandamus
suit
settlement
slim
reed
upon
rest
broad
conclusion
catalyst
theory
dissent
incorrectly
characterizes
parham
involving
undifferentiated
finding
retention
jurisdiction
post
fact
parham
involved
finding
defendant
discriminated
jurisdiction
retained
finding
given
effect
form
injunctive
relief
defendant
ever
backslide
voluntary
provision
relief
plaintiffs
jurisdiction
retained
determine
whether
discrimination
read
opinion
suggesting
fee
award
appropriate
circumstances
dissent
notes
two
cases
cited
senate
legislative
history
parham
cited
legislative
history
senate
house
claims
support
catalyst
theory
legislative
history
general
risky
interpretive
tool
legislative
history
one
legislative
chamber
consisting
citation
appeals
cases
surely
members
congress
read
virtually
worthless
event
kopet
esquire
realty
support
catalyst
theory
defendant
voluntary
compliance
issue
fees
awarded
dubious
premise
discovery
uncovered
documents
potential
use
litigation
making
case
award
interim
fees
thomas
honeybrook
mines
also
inapposite
question
whether
counsel
union
members
whose
fruitless
efforts
sue
union
nonetheless
spurred
union
sue
employer
paid
fund
established
union
victory
whether
union
members
prevailing
parties
union
suit
whether
entitled
attorney
fees
prevailing
parties
earlier
suit
union
even
issue
even
legislative
history
relied
upon
dissent
supports
conclusion
merit
necessary
justify
fee
award
see
post
citing
house
report
proposition
statutes
designed
give
victims
civil
rights
violation
access
judicial
emphasis
added
ibid
citing
senate
report
violate
nation
fundamental
laws
proceed
impunity
fee
awards
necessary
emphasis
added
reasons
given
see
ante
catalyst
theory
purported
merit
test
ability
survive
motion
dismiss
failure
state
claim
absence
frivolousness
scant
protection
innocent
cases
adopting
catalyst
theory
predate
hewitt
helms
see
post
irrelevant
point
absent
dicta
hewitt
light
everything
else
said
topic
see
ante
unlikely
catalyst
theory
achieved
universality
acceptance
courts
appeals
upon
dissent
relies
footnotes
fhaa
provides
civil
action
discretion
may
allow
prevailing
party
reasonable
attorney
fee
costs
similarly
ada
provides
action
discretion
may
allow
prevailing
party
reasonable
attorney
fee
including
litigation
expenses
costs
ada
fhaa
provisions
modeled
prevailing
party
statutes
notably
civil
rights
attorney
fees
awards
act
ed
supp
iv
see
pt
ada
pp
fhaa
section
patterned
upon
attorney
fees
provisions
contained
titles
ii
vii
civil
rights
act
voting
rights
act
amendments
hensley
eckerhart
citing
hanrahan
hampton
per
curiam
accord
congressional
intent
interpreted
provisions
consistently
across
statutes
observes
see
ante
notably
statutes
mandate
fees
provide
award
discretion
plaintiffs
motion
district
sanctioned
defendants
federal
rule
civil
procedure
failing
timely
notify
plaintiffs
proposed
repeal
rule
progressing
successfully
several
stages
pendency
litigation
app
rule
motion
plaintiffs
requested
fees
costs
totaling
cover
expense
litigating
defendants
became
aware
disclose
elimination
rule
likely
alternative
plaintiffs
sought
offset
fees
expenses
incurred
litigating
rule
motion
district
stating
primary
purpose
rule
deter
compensate
awarded
smaller
sum
app
pierce
remained
buckhannon
resident
death
january
nadeau
helgemoe
koch
institutionalized
juveniles
secretary
pub
welfare
bonnes
long
robinson
kimbrough
citizens
tax
waste
westerville
city
school
dist
bd
stewart
hannon
williams
miller
american
constitutional
party
munro
anderson
erie
doe
busbee
grano
barry
cadc
twelve
decisions
antedate
hewitt
helms
cf
ante
scalia
concurring
maintaining
decision
hewitt
improvidently
suggested
catalyst
rule
asserting
cases
adopting
catalyst
theory
predate
hewitt
hewitt
said
settled
law
lawsuit
prompts
defendant
voluntary
action
redresses
plaintiff
grievances
plaintiff
deemed
prevailed
despite
absence
formal
judgment
favor
statement
accurately
conveyed
unanimous
view
held
federal
circuits
stanton
southern
berkshire
regional
school
marbley
bane
baumgartner
harrisburg
housing
payne
board
zinn
shalala
little
rock
school
dist
pulaski
cty
school
kilgour
pasadena
beard
teska
morris
west
palm
beach
baltimore
wall
featured
concurring
opinion
see
ante
run
distance
opinion
take
baltimore
judgment
one
party
favor
see
address
question
whether
costs
available
absent
judgment
baltimore
incident
judgment
language
concurrence
emphasizes
ante
citing
likely
related
rule
without
jurisdiction
may
award
costs
see
mayor
cooper
wall
ancient
rule
figured
years
later
mansfield
swan
noted
universally
recognized
rule
common
law
absent
jurisdiction
render
judgment
either
party
therefore
render
judgment
even
costs
receding
rule
awarded
costs
even
upon
dismissal
lack
jurisdiction
judgment
final
order
cause
dismissing
want
jurisdiction
ibid
see
bancorp
mortgage
bonner
mall
partnership
see
board
ed
madison
county
fowler
mandamus
action
dismissed
moot
costs
awarded
plaintiffs
purposes
mandamus
petition
accomplished
subsequent
acts
defendants
thus
obviating
necessity
proceeding
baldwin
chesapeake
potomac
tel
md
costs
awarded
plaintiff
trial
granted
defendant
demurrer
plaintiff
appeal
dismissed
based
act
defendant
performed
entry
appeal
dismissal
rendered
unnecessary
inquire
merits
suit
ficklen
danville
costs
appeal
awarded
plaintiffs
even
though
trial
denied
injunctive
relief
high
dismissed
appeal
due
mootness
plaintiffs
achieved
equivalent
substantially
gain
ing
sought
appeal
cf
scatcherd
love
although
judgment
defendant
upon
merits
defendant
acknowledged
liability
paying
plaintiff
sum
rendering
plaintiff
successful
party
entitled
costs
talmage
monroe
cal
app
fees
awarded
petitioner
issued
alternative
writ
directing
respondent
either
take
specified
action
show
cause
respondent
chose
take
action
concurrence
urges
baldwin
inapposite
action
equity
equity
courts
award
costs
equities
required
ante
catalyst
rule
becomes
relevant
however
party
seeks
relief
sort
traditionally
typed
equitable
change
conduct
damages
thing
injunction
law
therefore
one
expect
find
plaintiffs
quested
mythical
remedy
received
voluntary
relief
concurrence
reasoning
paucity
precedent
applying
catalyst
rule
prevailing
parties
artifact
nothing
remarkable
ante
historic
separation
concurrence
notes
cited
cases
involve
judicial
finding
equivalent
acknowledgment
defendant
merits
plaintiff
case
ante
emphasis
added
agree
fowler
scatcherd
however
acknowledgment
consisted
nothing
defendant
voluntary
provision
plaintiff
relief
plaintiff
sought
see
also
jefferson
weinman
ind
costs
awarded
defendant
voluntarily
paid
damages
admission
merits
judgment
wagner
wagner
hudson
johnson
courts
thus
regarded
defendant
voluntary
compliance
settlement
otherwise
acknowledgment
merits
sufficient
warrant
treatment
plaintiff
prevailing
cf
ante
opinion
one
wonder
concurring
opinion
follow
practice
today
see
vast
majority
victims
civil
rights
violations
afford
legal
counsel
unable
present
cases
courts
statute
designed
give
persons
effective
access
judicial
process
private
citizens
able
assert
civil
rights
violate
nation
fundamental
laws
proceed
impunity
citizens
must
opportunity
recover
costs
vindicate
rights
quoted
part
kay
ehrler
see
also
newman
piggie
park
enterprises
per
curiam
civil
rights
act
passed
evident
enforcement
prove
difficult
nation
rely
part
upon
private
litigation
means
securing
broad
compliance
law
congress
enacted
provision
counsel
fees
encourage
individuals
injured
racial
discrimination
seek
judicial
relief
given
protection
furnished
catalyst
rule
aggrieved
individuals
left
worry
wrongdoers
led
believe
strategic
maneuvers
defendants
might
succeed
averting
fee
award
cf
ante
opinion
apt
judge
friendly
observation
construing
statute
kin
provisions
us
congress
clearly
mean
freedom
information
act
suit
gone
trial
developments
made
apparent
judge
rule
plaintiff
government
abort
award
attorney
fees
eleventh
hour
tender
information
vermont
low
income
advocacy
council
usery
interpreting
allowing
complainant
substantially
prevails
earn
attorney
fee
accord
cuneo
rumsfeld
cadc
see
citing
kopet
esquire
realty
partner
sued
firm
release
documents
firm
released
documents
awarded
fees
release
even
though
partner
claims
dismissed
lack
subject
matter
jurisdiction
thomas
honeybrook
mines
union
committee
twice
commenced
suit
pension
fund
payments
suits
prompted
recovery
awarded
fees
even
though
first
suit
dismissed
second
yet
adjudicated
features
case
cited
house
well
senate
reports
parham
southwestern
bell
tel
deems
parham
consistent
rejection
catalyst
rule
alternately
eighth
circuit
made
finding
defendant
acted
unlawfully
ordered
district
retain
jurisdiction
matter
insure
continued
implementation
defendant
policy
equal
employment
opportunities
ante
quoting
congress
fix
factors
however
nothing
either
report
suggests
judicial
findings
retention
jurisdiction
essential
award
fees
courts
kopet
thomas
awarded
fees
based
claims
neither
made
finding
retain
ed
jurisdiction
nonetheless
bears
attention
line
description
parham
plaintiff
qualify
prevailing
party
based
finding
retention
jurisdiction
concurring
opinion
notes
correctly
must
seemingly
equivalent
entitlements
fees
either
failure
file
suit
time
failure
obtain
judgment
time
ante
former
cutoff
held
impelled
plain
language
requiring
legal
action
proceeding
antecedent
fee
award
legislative
history
replete
references
enforcement
suits
courts
judicial
process
north
carolina
dept
transp
crest
street
community
council
citations
omitted
latter
requiring
judgment
time
similarly
impelled
text
legislative
history
concurring
opinion
also
prevailing
party
must
obtain
relief
lawsuit
ante
one
demur
elaboration
statutory
text
still
adhere
catalyst
rule
rule
plaintiff
suit
raising
genuine
issues
must
trigger
defendant
voluntary
action
plaintiff
prevail
rule
defendant
ceases
offensive
conduct
dying
going
bankrupt
see
ante
event
like
dying
bankruptcy
occurs
outside
lawsuit
change
precipitated
lawsuit
claims
demand
relief
occurrence
brought
suit
qualify
fees
case
held
relief
must
real
see
rhodes
stewart
per
curiam
plaintiff
obtains
formal
declaratory
judgment
gains
real
relief
whatsoever
prevailing
party
eligible
fees
hewitt
helms
interlocutory
decision
reversing
dismissal
failure
state
claim
although
stating
plaintiff
rights
violated
entitle
plaintiff
fees
prevail
plaintiff
must
gain
relief
substance
favorable
judicial
statement
affect
relationship
plaintiff
defendant
repeatedly
quotes
passages
hanrahan
hampton
hanrahan
quoted
senate
report
recognizing
parties
may
prevail
consent
judgment
without
formally
obtaining
relief
quoting
emphasis
added
hanrahan
also
selected
citation
influential
elaboration
catalyst
rule
nadeau
helgemoe
see
additionally
cites
texas
state
teachers
assn
garland
independent
school
held
unanimously
plaintiff
become
prevailing
party
without
obtaining
relief
central
issue
suit
texas
state
teachers
linked
fee
awards
material
alteration
legal
relationship
parties
say
today
change
must
ante
parties
legal
relationship
change
defendant
stops
engaging
conduct
furnishes
basis
plaintiff
civil
action
action
parties
otherwise
litigated
dismissed
decision
language
unfavorable
catalyst
rule
farrar
hobby
figure
prominently
opinion
good
reason
farrar
involved
catalytic
effect
see
ante
quoting
friends
earth
laidlaw
environmental
services
toc
internal
quotation
marks
omitted
supra
farrar
held
plaintiff
sought
damages
million
received
damages
prevailing
party
nonetheless
entitled
fees
reinforcing
link
right
fee
award
degree
success
obtained
quoting
hensley
eckerhart
farrar
holding
consistent
catalyst
rule