MORAN v. PIMA COUNTY

No. 2 CA-CIV 5009.

145 Ariz. 183 (1985)

700 P.2d 881

James MORAN, as father to his minor son, Michael Moran, and guardian to his adult son, Thomas Moran; Karen Barke, in and for herself and her minor daughter, Tina Barke, Plaintiffs/Appellants, v. PIMA COUNTY, a body politic, organized under the laws of the State of Arizona; Pima County Sheriff Clarence Dupnik, in his capacity as Pima County Sheriff; Sgt. Tony Callan, individually and as a Sheriff's Deputy; and Deputy Tim Hughes, individually and as a Sheriff's Deputy, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied March 19, 1985.


Attorney(s) appearing for the Case

Stompoly & Even, P.C. by David L. Horley, Tucson, for plaintiffs/appellants.

Stephen D. Neely, Pima Co. Atty. by David L. Berkman and Tom Dugal, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Chief Judge.

The appellant, James Moran as guardian of his minor son, Michael Moran, appeals from the trial court's denial of his request for attorney fees. The complaint in the trial court alleged violations of Michael's civil rights by deputies of the Pima County Sheriff. 42 U.S.C. § 1988 provides generally that in a civil rights action,

"the court, in its discretion, may allow the...

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