O'BRYAN v. COUNTY OF SAGINAW, MICH.

No. 82-1854.

722 F.2d 313 (1983)

James O'BRYAN, Duane Wilbert, Isaac McKinley, Thomas Jackson, Thomas Dorsey, John Phillips, Earl McClaren, Dale Falk and James Brotzman, individually and on behalf of all other persons who have been, are, or will be confined in the Saginaw County Jail, Plaintiffs-Appellants, v. The COUNTY OF SAGINAW, MICHIGAN, James Kelley, Fred Clark, Members of the Saginaw County Board of Commissioners and Dorothy Kovaleski, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1983.


Attorney(s) appearing for the Case

Phillip H. Snelling, Legal Assistance Foundation of Chicago, Chicago, Ill., Jack Greenberg, New York City, for plaintiffs-appellants.

Peter Jensen, Jerome Burns, William Bovill, Saginaw, Mich., for defendants-appellees.

Before MERRITT and WELLFORD, Circuit Judges, and WEICK, Senior Circuit Judge.


MERRITT, Circuit Judge.

James O'Bryan and others, who are the "prevailing parties" in this civil rights action, appeal an order denying a request for appellate attorney's fees under 42 U.S.C. § 1988. The District Court denied the motion erroneously upon the grounds that "the present motion pertains exclusively to plaintiff's counsel's time spent in connection with his prosecution of an appeal in this case, i.e., drafting of briefs, preparation of oral...

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