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FLETCHER v. CITY OF FORT WAYNE

Nos. 98-1969, 98-1970.

162 F.3d 975 (1998)

Todd G. FLETCHER and Michael Johnson, Plaintiffs-Appellants, v. CITY OF FORT WAYNE, INDIANA, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1998.

Attorney(s) appearing for the Case

Christopher C. Myers (argued), Myers & Geisleman, Fort Wayne, IN, for Todd G. Fletcher in No. 98-1969.

J. Timothy McCaulay (argued), Fort Wayne, IN, for J. Schilt, K. Niblick and City of Fort Wayne in No. 98-1969.

Christopher C. Myers (argued), Samuel L. Bolinger, Lori W. Jansen, Myers & Geisleman, Fort Wayne, IN, for Michael Johnson in No. 98-1970.

J. Timothy McCaulay (argued), Fort Wayne, IN, Gary Hamilton in No. 98-1970.

Before POSNER, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Consolidated appeals from two civil-rights cases present a common question: whether plaintiff's acceptance of an offer of judgment under Fed.R.Civ.P. 68 invariably establishes that the plaintiff is a "prevailing party" and therefore entitled to attorneys' fees under 42 U.S.C. §-1988. Relying on Pigeaud v. McLaren, 699 F.2d 401 (7th Cir.1983), and Fisher v. Kelly, 105 F...

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