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Argument preview: What showing is required for declaratory relief and attorney’s fees?

On Tuesday, in Los Angeles County v. Humphries, the Court will hear oral argument regarding whether a plaintiff who seeks declaratory relief for the violation of his rights by a local government entity must show that the violation resulted from a government policy, and whether the plaintiff can be a “prevailing party” for purposes of receiving attorney’s fees under federal civil rights laws if he cannot make such a showing.  Steven D. Schwinn of the John Marshall Law School previews the case for the American Bar Association’s PREVIEW of U.S. Supreme Court Cases; the ABA has generously agreed to share some of its previews – which are authored by practitioners and scholars in the field – with SCOTUSblog.  You can read Professor Schwinn’s preview here; PREVIEW’s website is here.