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ANDERSON v. STATE

No. 83-550.

518 A.2d 360 (1985)

Margery ANDERSON, Administratrix of the Estate of Earl D. Miner, Sr. v. STATE of Vermont, Cornelius D. Hogan, Jr., Ruth B. Samuels and Michael Chater.

Supreme Court of Vermont.

Reargument Denied October 10, 1986.

Attorney(s) appearing for the Case

Smith, Harlow & Liccardi, P.C., Rutland, for plaintiff-appellant.

Patricia E. Belinowiz and Liza Chalidze of Dick, Hackel & Hull, Rutland, for defendant-appellee State.

Allen R. Keyes of Ryan Smith & Carbine, Ltd., Rutland, for defendants-appellees Hogan, Samuels, and Chater.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

The plaintiff administratrix having settled a civil rights action brought by Earl D. Miner, Sr., now deceased, moved for a separate award of attorney's fees. 42 U.S.C. § 1988 authorizes the recovery of reasonable attorney's fees in actions brought under 42 U.S.C. § 1983, as this one was. Recovery is discretionary with the trial court, and, after hearing and findings in the superior court the award was refused...

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