120
O'Connor, J., concurring
must deny fees as well; if there are no costs, there is nothing for the fees to be awarded "as part of." And when Congress enacted § 1988, the courts would deny even a prevailing party costs under Federal Rule of Civil Procedure 54(d) where the victory was purely technical. Lewis v. Penning-ton, 400 F. 2d 806, 819 (CA6) (" 'prevailing party is prima facie entitled to costs' " unless " 'the judgment recovered was insignificant in comparison to the amount actually sought and actually amounted to a victory for the defendant' " (quoting Lichter Foundation, Inc. v. Welch, 269 F. 2d 142, 146 (CA6 1959))), cert. denied, 393 U. S. 983 (1968); Esso Standard (Libya), Inc. v. SS Wisconsin, 54 F. R. D. 26, 27 (SD Tex. 1971) ("Circumstances justifying denial of costs to the prevailing party [exist] where the judgment recovered was insignificant in comparison to the amount actually sought"); see also Brown v. GSA, 425 U. S. 820, 828 (1976) (inquiry is Congress' understanding of the law, correct or not). Just as a Pyrrhic victor would be denied costs under Rule 54(d), so too should it be denied fees under § 1988.
II
In the context of this litigation, the technical or de mini-mis nature of Joseph Farrar's victory is readily apparent: He asked for a bundle and got a pittance. While we hold today that this pittance is enough to render him a prevailing party, ante, at 113-114, it does not by itself prevent his victory from being purely technical. It is true that Joseph Farrar recovered something. But holding that any award of nominal damages renders the victory material would "render the concept of de minimis relief meaningless. Every nominal damage award has as its basis a finding of liability, but obviously many such victories are Pyrrhic ones." Lawrence v. Hinton, 20 Fed. Rules Serv. 3d 934, 937 (CA4 1991); accord, Commissioners Court of Medina County, Texas v. United States, 221 U. S. App. D. C. 116, 123-124, 683 F. 2d 435, 442- 443 (1982) (where "the net result achieved is so far from the
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