MORRIS SHEPPARD ARNOLD, Circuit Judge.
John Tyler appeals from the district court's denial of his motion for attorney's fees and costs pursuant to 42 U.S.C. § 1988(b), which provides that in a lawsuit under 42 U.S.C. § 1983, the district court, "in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of the costs." The issue before us is whether the court in this case properly determined that Mr. Tyler was not a prevailing...
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