Chapter 8: Enforcement
Regulatory references: 28 CFR 36.501-36.508.
III-8.5000 Attorney's fees.
The prevailing party (other than the United States) in any action or administrative
proceeding under the Act may recover attorney's fees in addition to any
other relief granted. The "prevailing party" is the party that is successful
and may be either the complainant (plaintiff) or the covered entity against
which the action is brought (defendant). The defendant, however, may not
recover attorney's fees unless the court finds that the plaintiff's action
was frivolous, unreasonable, or without foundation, although it does not
have to find that the action was brought in subjective bad faith. Attorney's
fees include litigation expenses, such as expert witness fees, travel expenses,
and costs. The United States is liable for attorney's fees in the same manner
as any other party, but is not entitled to them when it is the prevailing