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PEARSON v. FAIR

No. 92-1043.

980 F.2d 37 (1992)

Donald PEARSON, et al., Plaintiffs, Appellants, v. Michael FAIR, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 24, 1992.

Attorney(s) appearing for the Case

Joseph D. Halpern, with whom David R. Geiger, Michele A. Whitham and Foley, Hoag & Eliot, Boston, Mass., were on brief, for plaintiffs, appellants.

Abbe L. Ross, Asst. Atty. Gen., Criminal Bureau, with whom Scott Harshbarger, Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before TORRUELLA and SELYA, Circuit Judges, and ZOBEL, District Judge.

TORRUELLA, Circuit Judge.

In this appeal, we review whether the district court erred in finding that plaintiffs — six inmates who are committed as sexually dangerous persons1 at the Treatment Center for sexually dangerous persons at the Massachusetts Correctional Institute in Bridgewater (the Treatment Center) — were not "prevailing parties" entitled to attorney's fees under 42 U.S.C. § 1988.

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