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DAHLEM v. BOARD OF EDUC. OF DENVER PUBLIC SCHOOLS

No. 89-1116.

901 F.2d 1508 (1990)

Scott DAHLEM, an underage male, by his mother and next friend Nancy DAHLEM, Plaintiff-Appellant, v. The BOARD OF EDUCATION OF DENVER PUBLIC SCHOOLS; and the Colorado High School Activities Association, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 23, 1990.

Attorney(s) appearing for the Case

David H. Miller, American Civ. Liberties Union Foundation of Colorado, Denver, Colo. for plaintiff-appellant.

Michael H. Jackson (Dwight L. Pringle, with him on the brief), Semple & Jackson, P.C., Denver, Colo., for defendant-appellee, Bd. of Educ. of Denver Public Schools.

Alexander Halpern (Susan S. Schermerhorn, with him on the brief), Caplan and Earnest, Boulder, Colo., for defendant-appellee, Colorado High School Activities Ass'n.

Before ANDERSON and EBEL, Circuit Judges, and CHRISTENSEN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

"In any action or proceeding" brought under 42 U.S.C. § 1983, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988. "[T]he prevailing party `should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.'" Blanchard v. Bergeron, 489 U.S. 87

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