Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U.S. 598, 10 (2001)

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Cite as: 532 U. S. 598 (2001)

Opinion of the Court

Petitioners nonetheless argue that the legislative history of the Civil Rights Attorney's Fees Awards Act supports a broad reading of "prevailing party" which includes the "catalyst theory." We doubt that legislative history could overcome what we think is the rather clear meaning of "prevailing party"—the term actually used in the statute. Since we resorted to such history in Garland, 489 U. S., at 790, Maher, 448 U. S., at 129, and Hanrahan, supra, at 756- 757, however, we do likewise here.

The House Report to § 1988 states that "[t]he phrase 'prevailing party' is not intended to be limited to the victor only after entry of a final judgment following a full trial on the merits," H. R. Rep. No. 94-1558, p. 7 (1976), while the Senate Report explains that "parties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief," S. Rep. No. 94- 1011, p. 5 (1976). Petitioners argue that these Reports and their reference to a 1970 decision from the Court of Appeals for the Eighth Circuit, Parham v. Southwestern Bell Telephone Co., 433 F. 2d 421 (1970), indicate Congress' intent to adopt the "catalyst theory." 9 We think the legislative his-departure from the presumptive rule allowing costs to the prevailing party because of the obvious equities favoring the plaintiffs. The Court employed its discretion to recognize that the plaintiffs had been the victims of the defendants' legally successful whipsawing tactics.

9 Although the Court of Appeals in Parham awarded attorney's fees to the plaintiff because his "lawsuit acted as a catalyst which prompted the [defendant] to take action . . . seeking compliance with the requirements of Title VII," 433 F. 2d, at 429-430, it did so only after finding that the defendant had acted unlawfully, see id., at 426 ("We hold as a matter of law that [plaintiff's evidence] established a violation of Title VII"). Thus, consistent with our holding in Farrar, Parham stands for the proposition that an enforceable judgment permits an award of attorney's fees. And like the consent decree in Maher v. Gagne, 448 U. S. 122 (1980), the Court of Appeals in Parham ordered the District Court to "retain jurisdiction over the matter for a reasonable period of time to insure the continued implementation of the appellee's policy of equal employment opportunities." 433 F. 2d, at 429. Clearly Parham does not

607

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