![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
42 U.S.C.S. § 1988 expressly provides that an individual prevailing on a civil rights claim may receive a reasonable attorney's fee as part of the costs. 42 U.S.C.S. § 1988(b). The United States Supreme Court as well as the court have upheld § 1988's stipulation that attorney's fees are part of costs. Moreover, several courts considering civil rights cases also have defined attorney's fees as costs.
Appellant insurer reneged on a housing rental contract with appellee after learning that the latter had an African-American boyfriend, and that the two had a daughter. The insured adopted multiple personas and pseudonyms to harass and threaten appellee, as well as her boyfriend, daughter, and sister. A jury awarded appellee a total of $ 150,000 in damages. The appellant challenged the trial court's determination that the insurance policy covered attorney's fees under 42 U.S.C.S. § 1988(b).
Did the trial court err in holding that a building owner's insurance policy covered the award of attorney's fees?
Appellant insurer was required to fulfill its obligations under the terms of its insurance policy to pay for costs, which included attorney's fees as well.