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Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award

by David M. Reutter

The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party under 42 U.S.C. § 1988, entitling him to attorney fees. The Court further held that ...

 

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