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HARDGES v. DSS

Docket No. 130316.

201 Mich. App. 24 (1993)

506 N.W.2d 532

HARDGES v. DEPARTMENT OF SOCIAL SERVICES

Michigan Court of Appeals.

Decided April 8, 1993.

Approved for publication July 21, 1993, at 9:10 A.M.

Attorney(s) appearing for the Case

Dean, Dean, Segar, Hart & Shulman, P.C. (by Sherri L. Katz), and Legal Services of Eastern Michigan (by Terri L. Stangl), for the petitioner.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Morris J. Klau, Assistant Attorney General, for the respondent.

Before: JANSEN, P.J., and CAVANAGH and P.D. SCHAEFER, JJ.

PER CURIAM.

Petitioner appeals a June 8, 1990, Genesee Circuit Court order denying her petition for attorney fees under 42 USC 1988. Petitioner alleges that because her petition was properly filed in the circuit court and because her constitutional rights had been violated in a prior agency proceeding, she must be considered a prevailing party under 42 USC 1983, thereby entitling her to fees under 42 USC 1988. We disagree and affirm.

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