Richard Garnett, by and Through His Next Friend, Peggysmith; Scott Germino; Robert Ryan, by and Through His Nextfriend, Jack Ryan; Richard Tracy, by and Through His Nextfriend, Michael Tracy; Stephen M. Hanning, a Minor, by Mr.and Mrs. Bruce Sharp, His Guardians Ad Litem; Tanya M.hanning, a Minor, by Mr. and Mrs. Bruce Sharp, Her Guardiansad Litem; Robert M. Mayer, a Minor, by Mr. and Mrs. Michaell. Mayer, His Guardians Ad Litem; Jaime R. Mayer, a Minor,by Mr. and Mrs. Michael L. Mayer, Her Guardians Ad Litem,plaintiffs-appellants, v. Renton School District No. 403; Robert N. Anderson, in Hisofficial Capacity; Brian Baker, in His Official Capacity;john G. Dubois, in His Official Capacity; Marcia K.holland, in Her Official Capacity; Donald Jacobson, in Hisofficial Capacity; Gary F. Kohlwes, in His Officialcapacity; Margarita Prentice, in Her Official Capacity,defendants-appellees, 21 F.3d 1113 (9th Cir. 1994)

Before: WRIGHT, FARRIS and KLEINFELD, Circuit Judges

MEMORANDUM^** 

Plaintiffs appeal the district court's denial of nominal damages and attorneys fees pursuant to 42 U.S.C. § 1988, reserving the right to appeal the merits of the district court's denial of other relief until after the district court has ruled on the attorneys fees issue. We have jurisdiction under 28 U.S.C. § 1291, but now consider only the denial of attorneys fees.

In Garnett v. Renton Sch. Dist., 987 F.2d 641, 646 (9th Cir. 1993), cert. denied, 114 S. Ct. 72 (1993), we held that " [e]ach side shall bear its own costs." Our ruling was intended to apply only to costs on appeal.

Both parties agree that plaintiffs are "prevailing parties" within the meaning of 42 U.S.C. § 1988. No special circumstances have been brought to our attention. Plaintiffs therefore appear entitled to reasonable attorneys fees. Ackerley Comm. v. City of Salem, 752 F.2d 1394, 1396 (9th Cir.), cert. denied, 472 U.S. 1028 (1985). Both parties also agree that plaintiffs are entitled to nominal damages in the amount of $1.

We therefore REMAND to the district court for the purpose of determining and awarding reasonable attorneys fees.

Each side shall bear its own costs for this appeal. REMANDED.