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ROSSELLO-GONZALEZ v. ACEVEDO-VILA

Nos. 06-1448 to 06-1450.

483 F.3d 1 (2007)

Hon. Pedro J. ROSSELLÓ-GONZÁLEZ; Luis Fortuño; Miriam Ramírez; Nanette Guevara; Arnold Gil-Caraballo; Larry Seilhamer; José Sánchez; Juan F. Ramírez; Javier Rodríguez-Horta, Plaintiffs-Appellees/Cross-Appellants, v. Aníbal ACEVEDO-VILÁ; Aurelio Gracia-Morales, individually and in his capacity as President of the Puerto Rico Electoral Commission; Gerardo A. Cruz, individually and in his capacity as a member of the Puerto Rico Electoral Commission; The Puerto Rico Electoral Commission, a/k/a The Commonwealth Election Commission, Defendants-Appellants/Cross-Appellees, Sila María Calderón, Mayor, individually and in her capacity as Governor of Puerto Rico; The Incoming Government Transition Committee, Defendants/Cross-Appellees, Thomas Rivera-Schatz, individually and in his capacity as a member of the Puerto Rico Electoral Commission; Juan Dalmauramírez, individually and in his capacity as a member of the Puerto Rico Electoral Commission, Defendants.

United States Court of Appeals, First Circuit.

Decided March 13, 2007.

Attorney(s) appearing for the Case

Jorge Martínez-Luciano, with whom Pedro E. Ortiz-Álvarez, Johanna M. Emmanuelli-Huertas, and Law Offices Pedro Ortiz-Álvarez were on brief, for appellants/cross-appellees.

James F. Hibey, with whom Romeo S. Quinto, Jr., Howrey LLP, Luis Berríos-Amadeo, Special Counsel, and Cancio, Nadal, Rivera & Díaz were on brief, for appellees/cross-appellants.

Susana I. Peñagarícano-Brown, Assistant Solicitor General, Department of Justice, with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for cross-appellee Sila María Calderón.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

The main issue in this case is whether the district court abused its discretion in refusing to award attorneys' fees. See 42 U.S.C. § 1988(b) ("[T]he court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. . . ." (emphasis added)). After careful consideration, we determine that the district court did not abuse its discretion, and we affirm...

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