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MUCKLESHOOT TRIBE v. PUGET SOUND POWER & LIGHT CO.

No. 87-4210.

875 F.2d 695 (1989)

MUCKLESHOOT TRIBE, Plaintiff-Appellant, v. PUGET SOUND POWER & LIGHT CO., Defendant, City of Auburn, Washington, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1989.

Amended May 22, 1989.

Attorney(s) appearing for the Case

Walter R. Echo-Hawk, Native American Rights Fund, Boulder, Colo., Robert L. Otsea, Jr. and Jeffrey S. Shuster, Office of the Tribal Attys., Auburn, Wash., for plaintiff-appellant.

Michael J. Reynolds and Christopher M. Constantine, Law Office of Michael J. Reynolds, and John B. Bereiter, City Atty., Auburn, Wash., for defendant-appellee.

Before WRIGHT, PREGERSON and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

In 1976, Congress passed the Civil Rights Attorneys' Fees Awards Act ("Fees Act"), 42 U.S.C. § 1988. The Fees Act provides, in relevant part, that "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." Prevailing plaintiffs are normally entitled to fees unless special circumstances render an award unjust. Hensley v. Eckerhart,

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