Civil rights claimants are granted attorney fees and defendant's request for post-offer fees is denied
In Hescott v. City of Saginaw, the plaintiffs sued the City for the value of their belongings destroyed after the City demolished their rental. They prevailed in the case after showing that they had received no notice of the intended destruction, there was no inventory of their property, and they were allowed no opportunity to salvage any property. The trial judge denied their claim for fees as the prevailing party in a section 1983 constitutional deprivation case because they were not awarded punitive damages. Meanwhile, the City asked the Court to grant it post-offer fees. The higher court overturned the trial judge's failure to award fees to the Plaintiffs, and held that no fees should be payable to the City against them, since they had prevailed on the merits of their claim, which was not "frivolous."