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BRAT v. PERSONHUBALLAH

No. 17-1389.

883 F.3d 475 (2018)

David BRAT; Barbara Comstock; Robert Wittman, Congressman; Bob Goodlatte, Congressman; Randy Forbes, Congressman; Morgan Griffith, Congressman; Scott Rigell, Congressman; Robert Hurt, Congressman, Intervenors/Defendants-Appellants, Eric Cantor, Congressman; Frank R. Wolf, Congressman, Intervenors/Defendants, and Virginia State Board of Elections; Kenneth Cuccinelli, II, Defendants, v. Gloria PERSONHUBALLAH, an individual; James Farkas, an individual, Plaintiffs-Appellees, James B. Alcorn; Clara Belle Wheeler; Singleton B. McAllister, Defendants-Appellees, and Dawn Curry Page, an individual, Plaintiff.

United States Court of Appeals, Fourth Circuit.

Decided: February 26, 2018.

Attorney(s) appearing for the Case

ARGUED: Michael A. Carvin , JONES DAY, Washington, D.C., for Appellants. Marc Erik Elias , PERKINS COIE LLP, Washington, D.C., for Appellees Gloria Personhuballah and James Farkas. Trevor Stephen Cox , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees James B. Alcorn, Clara Belle Wheeler, and Singleton B. McAllister. ON BRIEF: Anthony J. Dick , JONES DAY, Washington, D.C., for Appellants. Mark R. Herring , Attorney General, Stuart A. Raphael , Solicitor General, Matthew R. McGuire , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, for Appellees James B. Alcorn, Clara Belle Wheeler, and Singleton B. McAllister. Kevin J. Hamilton , William B. Stafford , Abha Khanna , PERKINS COIE LLP, Seattle, Washington, for Appellees Gloria Personhuballah and James Farkas.

Vacated and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Traxler and Judge Keenan joined.

The main question presented in this appeal is whether intervening defendants can be required to pay a portion of prevailing plaintiffs' attorneys fees and costs, awarded under 42 U.S.C. § 1988(b) and 52 U.S.C. § 10310(e), when the intervening defendants were not charged with any wrongdoing and could not be held...

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