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WATSON v. COUNTY OF RIVERSIDE

Nos. 01-56214, 01-56298.

300 F.3d 1092 (2002)

Tracy L. WATSON, Plaintiff-Appellee, v. COUNTY OF RIVERSIDE, Defendant-Appellant, and Larry D. Smith; Rick Sayer, Chief Deputy; Jeffrey H. Turley, Sheriff's Captain; Douglas J. Borden, Sheriff's Lieutenant; Dana C. Fredendall, Sheriff's Lieutenant, Defendants. Tracy L. Watson, Plaintiff-Appellant, v. County of Riverside; Larry D. Smith; Rick Sayer, Chief Deputy; Jeffrey H. Turley, Sheriff's Captain; Douglas J. Borden, Sheriff's Lieutenant; Dana C. Fredendall, Sheriff's Lieutenant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2002.

Attorney(s) appearing for the Case

Paul R. Coble, Jones & Mayer, Fullerton, CA, Christopher D. Lockwood, Lewis D'Amato, Brisbois & Bisgaard, San Bernadino, CA, for defendant-appellant-cross-appellee.

Larry J. Roberts, Michael P. Stone, P.C., Lawyers, Pasadena, CA, for plaintiff-appellee-cross-appellant.

Before HALL, SILVERMAN and RAWLINSON, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge.

We hold today that a plaintiff who succeeds in obtaining a preliminary injunction can be deemed a "prevailing party" for purposes of 42 U.S.C. § 1988, even though he did not recover other relief sought in the lawsuit. We also hold that a district court does not abuse its discretion when it declines to assess against a defendant attorney's fees incurred by a plaintiff in opposing a motion to intervene brought by strangers...

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