Tejpal S. SETHY, Plaintiff-Appellant, v. ALAMEDA COUNTY WATER DISTRICT Et Al., Defendants-Appellees

Plaintiff-appellant Tejpal S. Sethy appeals from the district court’s March 18, 1977 order denying Sethy’s motion for an award of attorney’s fees under the Civil Rights Attorney’s Fees Awards Act of 1976, Pub.L. No. 94-559, 90 Stat. 2641, 42 U.S.C. § 1988 . We reverse.

On May 20, 1971, Sethy filed suit against the Alameda County Water District and certain named individuals. He sought injunctive relief and damages for alleged violations of the Fourteenth Amendment and 42 U.S.C. §§ 1981 and 1983. Following a six week trial, on September 29, 1972, the jury returned a verdict in favor of the individual defendants on all claims and against the Water District on the section 1981 claim. The jury assessed damages against the Water District in the amount of $35,000. In an order entered April 30,1973, the district court awarded court costs to Sethy but denied his request for attorney’s fees. On October 12, 1973, the court entered judgment in Sethy’s favor, directing the Water District to pay Sethy $35,000 in damages and to reinstate him to his former position. The Water District appealed the judgment to this court, and Sethy cross-appealed. On September 20,1976, we filed an opinion…