In Rogers v. Board of Trustees, 859 P.2d 284, 288 (Colo. App. 1993), the Court adopted a three-part test articulated by Justice O'Connor in arrar v. Hobby. To determine whether a victory is merely technical or de minimis under this test, a court will examine "(1) the difference between the amount recovered and the damages sought, (2) the significance of the legal issue on which plaintiff prevailed, and (3) [the] accomplishing [of] some public goal." This three-part test, however, does not apply until a court concludes the party requesting attorney fees under 42 U.S.C. 1988 is a prevailing party.