S1983 / Fees
In determining the award of fees for a S1983 action, recoveries by nonparties in cases resulting from the same facts and circumstances can be considered where the outcome of the case resulted in significant public benefits.
Error not to offset the award of costs by the costs already paid.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/12/14-55557.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.