In Evans v. Jeff D. (1986) 475 U.S. 717, the United States Supreme Court considered "whether attorney's fees must be assessed under 42 United States Code section 1988 when the case has been settled by a consent decree granting prospective relief to the plaintiff class but providing that the defendants shall not pay any part of the prevailing party's fees or costs." (Evans, supra, 475 U.S. at p. 720.) The United States Supreme Court concluded that the statute "did not prevent the party from waiving this eligibility for fees anymore than it legislated against assignment of this right to an attorney . . . ." (Evans, 475 U.S. at pp. 730-731, 106 S. Ct. at p. 1539.) In reaching this conclusion, the United States Supreme Court reasoned that a "straightforward reading of 1988 accords with the view" that the entitlement to a 42 United States Code section 1988 award belongs to the plaintiff rather than the attorney. (Evans, supra, 475 U.S. at p. 730 fn.19.)