Attorneys' fees may be awarded even if the �1983 claim is not decided, provided that 1. the �1983 claim of constitutional deprivation was substantial; and 2. the successful pendant claims arose out of a 'common nucleus of operative facts. A claim is substantial if it supports federal question jurisdiction, and the "common nucleus of operative facts" element must satisfy the test established in United Mine Workers v. Gibbs for pendent jurisdiction.
October 06, 2003 at 12:00 AM
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