U.S. District Court: PREVAILING PARTY.

D.M. v. Terhune, 67 F.Supp.2d 401 (D.N.J. 1999). Inmates brought a class action suit against correctional officials challenging the adequacy of mental health treatment. Following the submission of a proposed settlement agreement the district court held that the settlement was fair and that the plaintiffs qualified as the "prevailing party" for the purposes of an attorney fee award. The settlement consisted of: (1) amendment to the Department of Corrections [DOC] disciplinary regulations, (2) a mental health treatment plan, (3) a statement on new policies and procedures, (4) the funding, monitoring and enforcement of the settlement, and (5) no admission as to the liability of the defendants. According to the settlement, all new prisoners will receive a mental health assessment within 72 hours of arrival. The Department agreed to pay attorney fees in the amount of $l,220,000 to resolve all fees and costs incurred by the prisoners' attorneys. (New Jersey Department of Corrections, Correctional Medical Services [ CMS], and Correctional Behavioral Services, Inc. [CBS])