In any suit brought against a defendant, if the court finds that the defendant
has met the standards set forth in the Act, and the defendant substantially
prevails, the court shall, at the conclusion of the action, award to the
defendant the cost of the suit attributable to such claim, including a reasonable
attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the
claim, was frivolous, unreasonable, without foundation, or in bad faith. A
defendant shall not be considered to have substantially prevailed when the
plaintiff obtains an award for damages or permanent injunctive or declaratory
relief. (sec. 11113)