In James v. City of Boise, published January 25, 2016, the United States Supreme Court reversed an Idaho Supreme Court decision awarding a defendant attorney fees under 42 U.S.C. section 1988. In Hughes v. Rowe (1980) 449 U. S. 5, the U.S. Supreme Court held that a defendant could recover fees under section 1988 only if the plaintiff's action was frivolous, unreasonable, or without foundation. The Idaho court concluded that it was not bound by that interpretation of section 1988. The U.S. Supreme Court held that it was.
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