PATRICK E. HIGGINBOTHAM, Circuit Judge:
While the dust has settled in this fight between a Texas sheriff and his deputy, who, if anyone, was the winner, as measured by the Civil Rights Attorneys' Fees Awards Act of 1976, 42 U.S.C. § 1988, remains obscure. The trial court found that the deputy had won and awarded counsel fees. Because we are unable to find any winner or, more precisely put, to find that Smith was a "prevailing party," we reverse.
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