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NEPHEW v. CITY OF AURORA

No. 83-2053.

830 F.2d 1547 (1987)

Jewell NEPHEW, Rafus Perkins, Elaine Neloms, and Charles Fulton, individually and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. The CITY OF AURORA, By and Through ITS MAYOR AND CITY COUNCIL; Stan Thomison and Kenneth L. Peterson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 19, 1987.

Attorney(s) appearing for the Case

Marcia G. O'Brien (Patrick E. Kowaleski, Charles H. Richardson and Kathleen M. Schoen also, on the briefs), Aurora, Colo., for defendants-appellants.

Penfield W. Tate, II, Denver, Colo., for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT, McKAY, LOGAN, SEYMOUR, ANDERSON, TACHA and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

We consider, en banc, the issue of an appropriate measure of attorney's fees under 42 U.S.C. § 1988 when the sole recovery to the prevailing party in the underlying action is an award of nominal damages.

Plaintiffs, Jewell Nephew, Rafus Perkins, Elaine Neloms and Charles Fulton, filed suit against two Aurora police officers and the City of Aurora for infringing upon their constitutional rights in violation of 42 U.S.C. §§...

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