How has the Civil Rights Attorney Act been challenged or interpreted since its passage?
In Buckhannon Bd. and Care Home, Inc. v. West Virginia Dept. of Health and Human Services (2001), the Court decided attorney’s fees were no longer recoverable under the Civil Rights Attorney’s Fees Award Act when the plaintiff’s claim was the driver or “catalyst” for the defendant’s changed behavior. Instead, in order to recover attorney’s fees, the plaintiff must win his or her case in court, not merely obtain a favorable settlement out of court. The decision was a radical departure from existing law and practice, and a setback for civil rights enforcement since most lawyers are unlikely to take on cases involving protracted litigation and not be paid for it. Moreover, it frustrates intended effect of having such cases act as catalyst for broader societal change as envisioned by Congress. Court Goes Soft on Anti-Discriminatory Penalties • Punitive damages are usually awarded when a plaintiff successfully proves not only that the defendant discriminated against him or her, but also tha
