Holding: Under federal law, a court has discretion to “allow the prevailing party, other than the United States, a reasonable attorney’s fee” in a civil rights lawsuit filed under 42 U.S.C. § 1983. Because the Supreme Court has interpreted this to allow a prevailing defendant to recover fees only if “the plaintiff’s action was frivolous, unreasonable, or without foundation,” the Idaho Supreme Court erred when it concluded that it was not bound by this interpretation and awarded fees under federal law to a prevailing defendant without first making this determination.
Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings not inconsistent with this opinion. Opinion per curiam. (Detached Opinion)
Feb 26 2016
Feb 26 2016
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