Larouche v. Kezer

The question presented is whether civil rights plaintiffs who lose their appeal on the merits may nevertheless "prevail" for the purposes of an award of attorneys fees, if they succeed in obtaining a stay and injunction pending appeal. We hold that such plaintiffs are not prevailing parties. Therefore, we reverse the district courts award of attorneys fees under 42 U.S.C. § 1988 (Supp. III 1991).