Plaintiffs attorneys are able to collect fees for an appeal initiated by the defendants in back-and-forth litigation between the U.S. Court of Appeals for the Second Circuit and the court of the chief judge of the Northern District, Glenn Suddaby.

This is the third time the circuit has reviewed actions in the case Hines v. City of Albany, 16-1056-cv, Judge Raymond Lohier Jr. noted in writing for the panel, which included Judge Debra Ann Livingston and Southern District Judge Jed Rakoff, sitting by designation.

The initial case stemmed from a civil rights action taken against the city of Albany, which settled allegations of illegally seizing a vehicle for return of the SUV and $10,000. The settlement allowed for the city to appeal, which it opted to, setting off a series of appeals and counter-appeals specifically over attorney fees.