
Quoting
myfind2006
Hello again,
I appreicate your time and advice. I have tried doing a little searching online for anything with police and rule 68. I came across a few things but as you must know, law is not easy to understand, mainly when your reading it.
I managed to find a bit of info but am not sure if it could be used in my case. It read the following:
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While a prevailing civil rights plaintiff "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust," Hensley v. Eckerhart, 461 U.S. 424, 429 (1983) (citations omitted), a prevailing defendant should only be awarded a fee when a court finds "`that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.'" DeBauche v. Trani, 191 F.3d 499, 510 (4th Cir. 1999) (quoting Hughes v. Rowe, 449 U.S. 5, 14 (1980) (per curiam) (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978)) (applying Christiansburg standard to cases arising under sections 1983 and 1988)). The nearly routine award of attorney fees to prevailing plaintiffs is intended to facilitate ready access to the courts for civil rights claimants. Hensley, 461 U.S. at 429