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MAHER v. GAGNE

No. 78-1888.

448 U.S. 122 (1980)

MAHER, COMMISSIONER OF INCOME MAINTENANCE OF CONNECTICUT v. GAGNE.

Supreme Court of United States.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Edmund C. Walsh, Assistant Attorney General of Connecticut, argued the cause for petitioner. With him on the brief was Carl R. Ajello, Attorney General.

Joan Eisenman Pilver argued the cause for respondent. With her on the brief were Michael B. Trister and David C. Shaw.

MR. JUSTICE STEVENS delivered the opinion of the Court.

In an action brought under 42 U. S. C. § 1983, the court, in its discretion, may allow the prevailing party to recover a reasonable attorney's fee as part of the award of costs.1 The question presented by this petition is whether fees may be assessed against state officials after a case has been settled by the entry of a consent decree...

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