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DOMEGAN v. PONTE

Nos. 91-1625, 91-1753.

972 F.2d 401 (1992)

Dennis J. DOMEGAN, Plaintiff, Appellee, v. Joseph PONTE, et al., Defendants, Appellants (Two Cases).

United States Court of Appeals, First Circuit.

Decided August 10, 1992.

Attorney(s) appearing for the Case

Stephen G. Dietrick, Deputy Gen. Counsel, with whom Nancy Ankers White, Sp. Asst. Atty. Gen., Boston, Mass., was on brief for defendants, appellants.

Paul E. Nemser with whom Paula M. Bagger and Goodwin, Procter & Hoar, Boston, Mass., were on brief for plaintiff, appellee.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

After former inmate Dennis J. Domegan won a one dollar damage award in a civil rights action against certain Massachusetts corrections officials, the district court approved an attorney fee award against the defendants in the amount of $41,441.55 under 42 U.S.C. § 1988. The defendant officials challenge the fee award primarily on the ground that Domegan cannot be considered a "prevailing party" in light of the results achieved in litigation...

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