Muckleshoot Tribe v. Puget Sound Power & Light Co., City of Auburn, Washington

In 1976, Congress passed the Civil Rights Attorneys’ Fees Awards Act (“Fees Act”), 42 U.S.C. § 1988 . The Fees Act provides, in relevant part, that “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” Prevailing plaintiffs are normally entitled to fees unless special circumstances render an award unjust. Hensley v. Eckerhart, 461 U.S. 424, 429 , 103 S.Ct. 1933, 1937 , 76 L.Ed.2d 40 (1983). The definition of prevailing parties has been expanded to cover civil rights litigants who successfully conclude settlement negotiations. Maher v. Gagne, 448 U.S. 122, 129 , 100 S.Ct. 2570, 2574 , 65 L.Ed.2d 653 (1980). The availabili ty of fees for successful plaintiffs may be waived as part of the settlement process. Evans v. Jeff D., 475 U.S. 717, 737-38 , 106 S.Ct. 1531, 1542-43 , 89 L.Ed.2d 747 (1986). Jeff D., however, left unanswered the question of the appropriate standard to apply when a consent decree is silent or ambiguous on the issue of fees. In this case, the district court construed silence in the settlement agreement as a waiver of attorneys’ fees. We hold, however, that when a § 1983…