California, United States of America
The following excerpt is from Choate v. County of Orange, 103 Cal.Rptr.2d 339, 86 Cal.App.4th 312 (Cal. App. 2000):
Why the double standard? That is because of the need to encourage "vigorous enforcement of good faith civil rights claims . . . ." (Del Rio v. Jetton, supra, 55 Cal.App.3d at p. 35.) Private citizens should not forego the opportunity to vindicate core federal rights because they lack financial resources or because they fear they will have to pay the other side's attorney fees if they lose. (Id. at pp. 34-35.) The specter of attorney fees should chill only vexatious plaintiffs who bring meritless lawsuits to settle scores, not disputes. (Id. at p. 35 ["Suits filed with no real hope of victory needlessly bring defendants through the costly and agonizing uncertainty of defending suit"].)
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