Savidge v. Fincannon

WISDOM, Circuit Judge: This appeal presents two questions. The first involves the plaintiffs' eligibility to recover attorney's fees under 42 U.S.C. § 1988 for legal work performed on an aspect of their case that became moot before reaching judgment and was arguably barred by res judicata. The second question concerns the scope of qualified official immunity doctrine. After reviewing the tortuous path that brought these parties before us, we conclude that in denying attorney's fees without a hearing, and in granting immunity to the individual defendants, the district court erred. We therefore remand the case for further proceedings consistent with this opinion.