DURAN v. LAMM

No. 83CA1206.

701 P.2d 609 (1984)

Michael S. DURAN and Daniel Trujillo, Plaintiffs-Appellees, v. Richard LAMM, Governor of the State of Colorado, Allen L. Ault, Executive Director of the Department of Corrections, William Wilson, Superintendent of the Maximum Security Unit of the Colorado State Prison, Roy Romer, Treasurer and James Stroup, Controller, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 24, 1985.

Certiorari Denied June 24, 1985.


Attorney(s) appearing for the Case

Kelly, Haglund, Garnsey & Kahn, Edwin S. Kahn, Ann B. Frick, Holme Roberts & Owen, Jeffrey A. Chase, Denver, for plaintiffs-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David R. DeMuro, First Asst. Atty. Gen., Denver, for defendants-appellants.


BABCOCK, Judge.

The issue in this civil rights action under 42 U.S.C. § 1983 is whether a state court may join the state controller and the state treasurer as parties defendant after final judgment on the merits to enforce its judgment against the state for attorney fees awarded pursuant to 42 U.S.C. § 1988. The trial court granted plaintiffs' motion to add the state controller and the state treasurer as parties defendant and ordered the state controller...

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