Dear Negative Nancy, while I am just dump whore without a law degree, I did spend several hours to find the actual document that PROOFS Coyote vs roberts did result in their att fees being paid.
This being the case, based upon the available
unrebutted evidence, the factual conclusion must be
drawn that the plaintiffs' lawsuit was a significant factor
in at least helping to provoke the change in the
enforcement policy of the Providence Police Department.
This satisfies the causation-in-fact prong of Nadeau's
"prevailing party" test as to the defendant City under 42
U.S.C. § 1988. Nadeau, supra.
I conclude that the plaintiffs should be awarded
reasonable attorneys' fees from the City 3 unless special
circumstances would render such an award unjust.
S.Rep.No. 94-1011, reprinted in (1976) U.S.Code Cong.
& Admin.News, pp. 5908, 5912. Cf. Williams v. Miller,
620 F.2d 199 (8th Cir. 1980). Defendant City has failed
to demonstrate any special circumstances that would
justify the withholding of reasonable attorneys' fees in
this [**22] case.
3. The Court is referring to the Chief of Police
in his official capacity; therefore, the judgment is
to be paid out of appropriate City funds. See
Hutto v. Finney, 437 U.S. 678, 699-700, 98 S. Ct.
2565, 2578-79, 57 L. Ed. 2d 522 (1978).
An appropriate order will be prepared by the
plaintiffs in keeping with this Supplemental Opinion.
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