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RAAB v. CITY OF OCEAN CITY, NEW JERSEY

No. 15-2127, No. 15-2147.

833 F.3d 286 (2016)

Monica RAAB, Appellant v. CITY OF OCEAN CITY, NEW JERSEY, a municipal corporation of the State of New Jersey; Ocean City Police Department; Officer Jessie Ruch, in his official and individual capacity; John Does (# 1-25), Fictitious Designation ABC Corps. (# 1-25), Fictitious Designation. Monica Raab v. City of Ocean City, New Jersey, a municipal corporation of the State of New Jersey; Ocean City Police Department; Officer Jessie Scott Ruch, in his official and individual capacity John Does (1-25), Fictitious Designation ABC Corps, (# 1-25), Fictitious Designation City of Ocean City, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 15, 2016.

Attorney(s) appearing for the Case

Paul R. Rizzo, Esq. , [ARGUED], Nicholas F. Pompelio, Esq. , DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C., 15 Mountain Boulevard, Warren, NJ 07059, Attorneys for Appellant/Cross-Appellee Monica Raab.

A. Michael Barker, Esq. , [ARGUED], Vanessa E. James, Esq. , Barker, Gelfand & James, P.C., 210 New Road, Linwood Greene, Suite 12, Linwood, NJ 08221, Attorneys for Appellees/Cross-Appellants City of Ocean City and Ocean City Police Department.

Thomas B. Reynolds, Esq. , [ARGUED], John J. Bannan, Esq. , Reynolds & Horn, P.C., 750 Route 73 South, Suite 202A, Marlton, NJ 08053, Attorneys for Appellee Jessie Ruch.

Before: CHAGARES, RESTREPO and VAN ANTWERPEN, Circuit Judges.

OPINION

Plaintiff Monica Raab and defendant City of Ocean City, New Jersey ("Ocean City") both appeal the District Court's denial of their motions for attorney's fees. Raab argues that she is a "prevailing plaintiff," for purposes of attorney's fee eligibility under 42 U.S.C. § 1988, in her civil suit against...

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