December 13, 2007 Nevada Supreme Court opinion.
In Cuzze v. Univ. & Cmty. Coll. Sys. of Nev., the Court provides guidance to the district courts when determining an award of fees under 18 U.S.C. § 1988. Citing Hughes v. Rowe, 449 U.S. 5, 14 (1980)., the court held such fees may be awarded to a prevailing defendant only where the claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so. Here, maintenance of a $1983 action against the state and state agencies, who are not persons for purposes of §1983, satisfied the standard. The also approved the “lodestar" method of determining the appropriate amount of fees.
In this case, the Court affirmed the grant of summary judgment, noting that the appellant had failed to provide a copy of its opposition to the motion for summary judgment in the record on appeal, requiring the court to assume the district court acted properly; the same was true with respect to the motion for fees. Thus, the case is also a reminder to provide an adequate record to allow the Court to review.
