LUCERO v. CITY OF TRINIDAD

No. 85-1682.

815 F.2d 1384 (1987)

Irene C. LUCERO, Plaintiff-Appellant, v. CITY OF TRINIDAD, by and through the former members of its City Council, John Rino, Carlos Chacon, Eugene Duran, Ernest Maio, Joseph Reorda, John Sawaya, and Joseph Terry, acting in their official capacities, and the present members of its City Council, Roberta Cordova, Jack Dalton, Eugene Duran, Joseph Garbo, Marie George, and John Sawaya, acting in their official capacities; Teddy C. Ryan, former City Manager, acting in his official capacity; William Cordova, present City Manager, acting in his official capacity; Manuel Lujan, former Chief of Police, acting in his official capacity; and Richard Scherwitz, present Chief of Police, acting in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 16, 1987.


Attorney(s) appearing for the Case

Charles M. Johnson (Gregory A. Eurich and A. Bruce Jones, with him on the briefs), of Holland & Hart, Denver, Colo., for plaintiff-appellant.

Bruce Billings, City Atty., City of Trinidad, Colo., for defendants-appellees.

Emily M. Calhoun, University of Colorado School of Law, Boulder, Colo., for amicus curiae, Colorado Lawyers Committee.

Before BARRETT and TACHA, Circuit Judges, and JENKINS, District Judge.


TACHA, Circuit Judge.

This appeal involves an award of attorneys' fees in a civil rights case alleging violations of 42 U.S.C. § 1983. The underlying case was settled prior to trial, but the parties failed to reach agreement on the amount of attorneys' fees owed to plaintiff's attorneys. Plaintiff was the "prevailing party" and thus is entitled to reasonable attorneys' fees. 42 U.S.C. § 1988. The only issue to be resolved on appeal is whether the district...

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