This section contains the nature of the case and procedural background.

Allen (P) was arrested for using abusive and insulting language, a Class 3 misdemeanor. The maximum penalty is a $ 500 fine. D, a state Magistrate, set a bond of $250. P was unable to post the bond, and D committed P to jail, where he remained for 14 days. He was then tried, found guilty, fined, and released. The trial judge reopened the judgment and reversed the conviction. P then filed his § 1983 claim, seeking declaratory and injunctive relief against D's practice of incarcerating persons waiting for trial for non-incarcerable offenses. Nicholson (P) was incarcerated four times within the 2-month period for alleged violations of being drunk in public. The maximum penalty is a $ 100 fine. For each arrest, Nicholson (P) was incarcerated for periods of two to six days for failure to post bond. He intervened in P's suit as a party plaintiff. The court declared the practice to be a violation of due process and equal protection and enjoined it. It then awarded costs including reasonable attorney's fees. Ps submitted a request for fees and costs totaling $7,691.09. The fee component of this figure was $7,038. D objected, but the court found the fees figure reasonable and granted fees and costs in the requested amount. P appealed claiming she was absolutely immune from an award of attorney's fees. The appeals court affirmed. The Supreme Court granted certiorari.

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