After the plaintiff prevailed on a sex discrimination claim against the Billings, Montana, Police Department?? in?? administrative?? proceedings, ?she filed a related section 1983 claim which the parties settled except for attorney fees.?? The trial court denied plaintiff?s request for fees on the ground that she was not a ?prevailing party,? but the Ninth Circuit reversed.? ?On remand, the trial court awarded $85,992 out the $122,857 in fees requested.? ?The plaintiff appealed.? ?The Ninth Circuit affirmed holding that while the plaintiff?s counsel submitted his own affidavit and affidavits of five colleagues establishing his rate and that he was ?deserving ?of? his? rate, ?he ??submitted ?no evidence of what the ?prevailing market rate? in Montana was.? Since the defense submitted uncontradicted affidavits of the ?prevailing? rate in the community, the trial court did not abuse its discretion in accepting such evidence. The dissent argued that the trial court did not explain why the plaintiff?s counsel?s evidence was insufficient to establish that his rate was prevailing given his skill and expertise. Carson v. Billings Police Dep?t, No. 04-35438 (12/7/06, Kleinfeld, Graber, Rafeedie of C.D. Cal. Sitting by designation).