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FARRAR v. HOBBY

No. 91-990.

506 U.S. 103 (1992)

113 S.Ct. 566

121 L.Ed.2d 494

FARRAR et al., co administrators of ESTATE OF FARRAR, DECEASED v. HOBBY

Supreme Court of United States.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Gerald M. Birnberg argued the cause for petitioners. With him on the brief were Michael A. Maness and Waggoner Carr.

Finis E. Cowan argued the cause for respondent. With him on the brief were Dan Morales, Attorney General of Texas, Will Pryor, First Assistant Attorney General, and Thomas Gibbs Gee.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. O'Connor, J., filed a concurring opinion, p. 116. White, J., filed an opinion concurring in part and dissenting in part, in which Blackmun, Stevens, and Souter, JJ., joined, p. 122.

Justice Thomas, delivered the opinion of the Court.

We decide today whether a civil rights plaintiff who receives a nominal damages award is a "prevailing party" eligible to receive attorney's fees under 42 U. S. C. § 1988. The Court of Appeals for the Fifth Circuit reversed an award of attorney's fees on the ground that a plaintiff receiving only nominal damages is not a prevailing party. Although we hold that such...

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