FERDINAND v. CITY OF FAIRBANKS

No. 3724.

599 P.2d 122 (1979)

Rodger Lee FERDINAND, Individually, and as guardian, and on behalf of his son, Randall Lee Ferdinand, and on behalf of all others similarly situated, Appellants, v. The CITY OF FAIRBANKS, Earnest G. Carter, Richard J. Greul, Ralph R. Migliaccio, Robert G. Parsons, Joseph D. Marshall and James W. Rolle, Individually and in their official capacity as Councilmen of the City of Fairbanks, the Public Utilities Board of Fairbanks, consisting of Frank Killeen, Robert Boswell, Mike Mikell, Morton Schierhorn, and Robert Hanson, and their successors, Individually and in their official capacity as members of the Public Utilities Board of Fairbanks, Harold Gillam, Individually and in his official capacity as Mayor of the City of Fairbanks, Edward L. Martin, Individually and in his official capacity as City Manager of the City of Fairbanks, Bob Burg, Individually and in his official capacity as Acting General Manager of the Municipal Utilities System of Fairbanks, Donnie Arne, Individually and in her official capacity as an employee of the Municipal Utilities System of Fairbanks, and "John Doe," Individually and in his capacity as an employee of the Municipal Utilities System of Fairbanks, Appellees.

Supreme Court of Alaska.

August 24, 1979.


Attorney(s) appearing for the Case

Henry C. Remm, Jr., Alaska Legal Services, Fairbanks, for appellants.

E. John Athens, Jr., Johnson, Christenson & Glass, Fairbanks, for appellees.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.


OPINION

CONNOR, Justice.

This case presents the narrow question of whether the court below was correct in concluding that, as a matter of law, an award of fees under the provisions of the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, must be limited to partial rather than full compensation.1

In the winter of 1977, the Fairbanks Municipal Utilities Service (M.U.S.) cut off electrical power to...

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