Cerajeski v. Zoeller

Dist. Ct. erred in denying plaintiff’s request for attorney fees in action challenging Indiana’s retention of interest from lost property held under Indiana’s Unclaimed Property Act, where Ct. of Appeals initially found that said retention was unconstitutional, and where Indiana subsequently amended said Act to provide interest payments to claimants of lost property. While Dist. Ct.’s denial of attorney fee request was based on finding that amendment of Act rendered plaintiff’s underlying constitutional claim moot, plaintiff was still prevailing party both before and after Indiana amended said Act, and thus was entitled to said fees.