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ROBERT M. v. BENTON

Nos. 81-1594, 81-1638.

671 F.2d 1104 (1982)

ROBERT M., as Next Friend of Renee K., Appellant, v. Dr. Robert D. BENTON, individually and as State Superintendent of Public Instruction; J. Frank Vance, as State Director of the Division of Special Education; Dr. Marilyn Marsh, as Director of Special Education, Area Education Agency 12; Donald Southwick, individually and as Superintendent of West Monona Community School District, Appellees. ROBERT M., as Next Friend of Renee K., Appellee, v. Dr. Robert D. BENTON, individually and as State Superintendent of Public Instruction; and J. Frank Vance, as State Director of the Division of Special Education, Appellants, Dr. Marilyn Marsh, as Director of Special Education, Area Education Agency 12; Donald Southwick, individually and as Superintendent of West Monona Community School District.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1982.

Attorney(s) appearing for the Case

Martin Ozga, Legal Services Corp. of Iowa, Des Moines, Iowa, for Robert M.

Thomas J. Miller, Atty. Gen., Howard O. Hagen, Asst. Atty. Gen., argued, Des Moines, Iowa, for appellee-cross appellant.

Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

Plaintiff appeals a District Court order1 awarding him $5,052 in attorney's fees, rather than the $8,740 which he requested. Defendant cross-appeals, contending that an award of attorney's fees is not recoverable in this particular case. Believing that fees are recoverable because the complaint contained a nonfrivolous claim based on 42 U.S.C. § 1983, and that the...

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