By: Derek Hawkins//July 16, 2018//
7th Circuit Court of Appeals
Case Name: Isaac W. Capps v. Kevin Drake, et al.
Case No.: 17-1876
Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.
Focus: Judgment Award – Attorney’s Fees
Generally, the prevailing party in a civil rights lawsuit is entitled to an award of attorney’s fees. 42 U.S.C. § 1988(b). It is reasonable, however, for the court to award no fees to the prevailing party if the party received only a technical, nominal, or de minimis damage award. In this case, Isaac Capps was awarded substantial damages and thus should have been awarded attorney’s fees. The judgment of the district court is reversed, and this case is remanded for a determination of the amount to be awarded.
Reversed and Remanded