Fox v. Vice (2010)
- Docket
- 10-114
- Decided
- 2010-01-01
Summary
Question: Can a court award attorneys' fees to civil rights defendants based on a dismissal of a claim when the plaintiff has asserted other nonfrivolous claims? Conclusion: Yes. The Supreme Court vacated and remanded the lower court order in a unanimous opinion by Justice Elena Kagan. "When a plaintiff's suit involves both frivolous and non-frivolous claims, a court may grant reasonable fees to the defendant, but only for costs that the defendant would not have incurred but for the frivolous claims," Kagan wrote.