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FOX v. VICE

No. 10-114.

131 S.Ct. 2205 (2011)

563 U.S. 826

180 L.Ed.2d 45

Ricky D. FOX, Petitioner, v. Judy Ann VICE, as executrix of the Estate of Billy Ray Vice, et al.

Supreme Court of United States.

Decided June 6, 2011.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz, New York, NY, for petitioner.

Mark T. Stancil, Washington, DC, for respondents.

J. Steven Broussard, Randall E. Hart, Broussard & Hart, LLC, Lake Charles, LA, E. Joshua Rosenkranz, Counsel of Record, Jessica S. Pers, Michael K. Gottlieb, Orrick, Herrington, Sutcliffe LLP, New York, NY, for Petitioner.

Toby J. Heytens, Daniel R. Ortiz, University of Virginia School of Law Supreme Court, Litigation Clinic, Charlottesville, VA, Counsel for Respondents.

J. Mark Miller, Joseph B. Stamey, Stamey & Miller, LLC, Natchitoches, LA, for Respondent the Town of Vinton.

Mark T. Stancil, Counsel of Record, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, Counsel for Respondents.

Christopher P. Ieyoub, Kendrick J. Guidry, Plauche, Smith & Nieset, LLC, Lake Charles, LA, for Respondent Billy Ray Vice.

John P. Elwood, Vinson & Elkins LLP, Washington, DC, for Respondents.

Justice KAGAN delivered the opinion of the Court.

Federal law authorizes a court to award a reasonable attorney's fee to the prevailing party in certain civil rights cases. See 42 U.S.C. § 1988. We have held that a defendant may receive such an award if the plaintiff's suit is frivolous. In this case, the plaintiff asserted both frivolous and non-frivolous claims. We hold today that a court may grant reasonable fees to the defendant in this circumstance, but...

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