School Law Bulletin [serial] 13, 3 (July 1982)

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#10. ft is not a special circumstance that a prevailing plaintiff's lawsuit does not involve an allegation of invidi- ous discrimination based on a protected classification.
such as race. sex. or religion.
Section 1988 authorizes an award of attorney's fees whenever a plaintiff prevails in a lawsuit brought under 42 U.S.C. § 1983. Section 1983 permits a lawsuit to enforce federal constitutional and statutory rights. For example, a Section 1983 lawsuit may be brought to enforce someone's rights
...under the Social Security Act. Such a suit also may be brought to recover damages for the violation of some- one's First Amendment right to free speech. Any private citizen may bring a Section 1983 lawsuit to enforce those federal rights that do not allege invidious discrimination and, if he prevails, may receive an award of attorney's fees under Section 1988. As a result, a prevailing plaintiff may recover attorney's fees even though his lawsuit does not involve a claim of discrimination based on an inherently offensive classification.

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