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GURULE v. WILSON

Nos. 78-2056, 78-2057.

649 F.2d 754 (1981)

Charles GURULE, in behalf of himself and all others similarly situated, Plaintiffs-Appellees, and Cross-Appellants, v. Alex WILSON, Warden, Colorado State Penitentiary; Jack Capelli, Associate Warden, Medium Security, Colorado State Penitentiary; Five Unknown Named Guards of Medium Security, Colorado State Penitentiary, Defendants-Appellants, and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 13, 1981.

Attorney(s) appearing for the Case

Jonathon B. Chase, Boulder, Colo., Barbara Salomon, Denver, Colo., and The American Civil Liberties Union Foundation of Colorado, Inc., for plaintiffs-appellees and cross-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., William Morris, Asst. Atty. Gen., Litigation Section, and Mary J. Mullarkey, Sol. Gen., Denver, Colo., for defendants-appellants and cross-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MARKEY, Judge.

PER CURIAM.

On consideration of the defendant's petition for rehearing with a suggestion for rehearing en banc, we believe a clarification of one part of our opinion is in order. We stated that in awarding attorneys fees to the prevailing party under 42 U.S.C. § 1988, it is inappropriate to proportionately reduce the fee for every lost motion where the party prevails overall on the main issue in the case. It was not our intention to suggest that a court may never...

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