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LaROUCHE v. KEZER

No. 899, Docket 93-7875.

20 F.3d 68 (1994)

Lyndon H. LaROUCHE, Jr., Eugene McCarthy, Kevin Irwin, Virginia Irwin, Anthony Longo, Jabir Jawwaad, Timothy B. Brown, Laurence P. Nadel, Hope Crescione, Plaintiffs-Appellees, v. Pauline R. KEZER, In her official capacity as Secretary of State, State of Connecticut, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 29, 1994.

Attorney(s) appearing for the Case

Aaron S. Bayer, Deputy Atty. Gen. for the State of CT, Hartford, CT (Richard Blumenthal, Atty. Gen., Jane S. Scholl, Associate Atty. Gen., Jane R. Rosenberg, Asst. Atty. Gen., Hartford, CT, of counsel), for defendant-appellant.

Jonel Newman, Hartford, CT (Martha Stone, Connecticut Civil Liberties Union Foundation, Hartford, CT; Martin B. Margulies, University of Bridgeport School of Law, Bridgeport, CT, of counsel), for plaintiffs-appellees.

Before: MINER and MAHONEY, Circuit Judges, and RESTANI, Court of International Trade Judge.

RESTANI, Judge:

The question presented is whether civil rights plaintiffs who lose their appeal on the merits may nevertheless "prevail" for the purposes of an award of attorney's fees, if they succeed in obtaining a stay and injunction pending appeal. We hold that such plaintiffs are not prevailing parties. Therefore, we reverse the district court's award of attorney's fees under 42 U.S.C. § 1988 (Supp. III 1991).

BACKGROUND

Plaintiffs-appellees...

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