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NOGEIRO v. COMMISSIONER OF THE DEPARTMENT OF TRANSITIONAL ASSISTANCE

No. 07-P-1359.

72 Mass. App. Ct. 496 (2008)

SHAUNA NOGEIRO v. COMMISSIONER OF THE DEPARTMENT OF TRANSITIONAL ASSISTANCE.

Appeals Court of Massachusetts, Barnstable.

August 29, 2008.

Attorney(s) appearing for the Case

T. Richard McIntosh (Phillip J. Kassel with him) for the plaintiff.

Jennifer Grace Miller, Assistant Attorney General, for the defendant.

Present: KANTROWITZ, KAFKER, & VUONO, JJ.

KAFKER, J.

The issue presented is whether the plaintiff, Shauna Nogeiro, is a "prevailing party" for the purpose of an award of attorney's fees pursuant to 42 U.S.C. § 1988 (2000). Immediately after the termination of her rights to emergency assistance by the Department of Transitional Assistance (department), Nogeiro secured a temporary restraining order staying the decision until a preliminary injunction hearing could be held. Prior to that hearing, she entered...

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